TERMS AND CONDITIONS
Last update: 03/17/2023
PREAMBLE
Bike Ort is a travel agency within the meaning of Article L.211-1 of the French Tourism Code (hereinafter, the "Tourism Code"), whose core business is to offer excursions or trips to bicycle and motorcycle, hereinafter collectively referred to as the "Vehicles".
The present conditions of sale of Bike Out are composed I/ of General Conditions of Sale (hereinafter, the “GTC”) II/ of Special Conditions of Sale (hereinafter, the “Conditions Particulars of Sale”), I/ and II/ being collectively referred to below, the “Conditions of Sale” of Bike Out France, as set out below:
I/ GENERAL CONDITIONS OF SALE
In accordance with the provisions of article R.211-12 of the Tourism Code, articles R. 211-3 to R. 211-11, relating to the contract of sale of travel and stays, are reproduced herein (see Appendix 1).
II / SPECIFIC CONDITIONS OF SALE
OBJECT
The company Bike Out in France (hereinafter, "Bike Out"), as presented in the preamble to these General Terms and Conditions of Sale, offers a reservation service (hereinafter, the "Service") for tourist programs on motorcycles or by bike in various regions of France and Europe (hereinafter, the "Tourist Services"), the formulas of which are detailed in particular on the site: www.bike-out.com (hereinafter, the "Site").
The purpose of these Special Conditions of Sale is to define the conditions of reservation and participation in Tourist Services, which are binding on users of the Site (hereinafter, the "Users") and/or on any person who wishes to contract with Bike Out in order to participate in the Tourist Services (hereinafter collectively referred to as the "Riders").
In this context, they define in particular the respective rights and obligations of the Riders, on the one hand, and of Bike Out on the other, hereinafter individually referred to as a "Party", or collectively the "Parties".
The Special Conditions of Sale also specify the procedure for booking a Tourist Service (in particular online via the Bike Out website), the cancellation and refund policy practiced by Bike Out, any limitations of its responsibility vis-à-vis the Riders as well as certain information relating to the Tourist Services as a whole (risks, administrative and health formalities, conditions of payment and participation, etc.).
CONTRACT DOCUMENTS
Riders acknowledge that the reservation of Tourist Services with Bike Out as well as the conditions of participation in these services are exclusively governed by the contractual documents below:
-The Conditions of Sale, made up of the GCS and the Special Conditions of Sale and the information appendix on the risks (Appendix 2)
-The "quote" email communicated by Bike Out before booking a Tourist Service and setting out the essential characteristics of this service via the link referring to the trip as well as the quote attached.
THE RIDERS ACKNOWLEDGE THAT THE ABOVE-REFERENCED DOCUMENTS FORM AN INDIVISIBLE CONTRACTUAL ENTIRETY, AND EXPRESSLY UNDERTAKE, BY ACCEPTING THESE PRESENTATIONS, TO COMPLY WITH ALL THE DOCUMENTS SET OUT ABOVE IN THE FRAMEWORK OF THEIR RESERVATION AND/OR THEIR PARTICIPATION IN ANY TOURIST SERVICE.
EXPRESS ACCEPTANCE
Any reservation of a Tourist Service assumes, on the part of the Rider, the consultation and the prior, express and unreserved acceptance of the Conditions of Sale as a whole.
This express acceptance of the Special Conditions of Sale and the GCS will result, in the event of a reservation, from the validation of the quote sent by email, monitoring of payment by credit card ONLY of all or part of the amount due. The sending of the invoice by Bike Out, attests to the registration.
MODIFICATION OF THE SPECIFIC CONDITIONS OF SALE
THE APPLICABLE SPECIFIC CONDITIONS OF SALE ARE THOSE IN FORCE ON THE DATE OF THE RESERVATION, AS DEFINED HEREIN.
However, Bike Out may be required to modify the Special Conditions of Sale at any time, without notice, subject to informing the Rider as soon as these modifications come into force by e-mail and/or by the publication of the modification. on the site.
Bike Out will update the Special Conditions of Sale by indicating the date of the last update at the top of these.
ANY RIDER WHO WISHES TO BOOK A TOURIST SERVICE MUST ACCEPT THE SPECIFIC TERMS AND CONDITIONS OF SALE IN THEIR ENTIRETY, INCLUDING THE LAST UPDATE OF WHICH HIM HAVE BEEN NOTIFIED. IF YOU DO NOT AGREE WITH THE SPECIAL CONDITIONS OF SALE IN EFFECT, YOU CANNOT PROCEED TO THE RESERVATION OR THE PURCHASE OF A TOURIST SERVICE OFFERED BY Bike Out.
PRE-CONTRACTUAL INFORMATION
In accordance with the provisions of article L.211-8 of the French Tourism Code (hereinafter, the "Tourism Code"), Bike Out informs the Riders, in writing prior to the validation of their reservation, of the content of the Tourist service selected with regard to the transport and the stay, the price and the terms of payment, the conditions for canceling the reservation andif that the border crossing conditions.
This information will be accessible to the Rider when the quote is communicated by Bike Out.
In accordance with article L.211-9 of the Tourism Code, Riders are informed that Bike Out expressly reserves the right to subsequently modify the information previously communicated to the Rider, before the date of the reservation, as defined herein. . Any modification of the prior information will be communicated to the Rider, before the date of the reservation.
In application of the provisions of article R.211-4 of the Tourism Code, Bike Out informs the Riders, prior to the validation of their reservation, and in particular within the "quote" registration email, of all the information referred to in that article, namely: “… Information on the prices, dates and other constituent elements of the services provided during the trip or stay such as:
- The destination, means, characteristics and categories of transport used
- The type of accommodation, its location, its level of comfort and its main characteristics
- The catering services offered
- The description of the route when it is a circuit
- The administrative and health formalities to be completed 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, in particular, of crossing borders as well as their deadlines.
- Visits, excursions and other services included in the packageit or possibly available at an additional cost
- The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of 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 cannot be set less than twenty-one days before departure
- The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance;
- The terms of price revision as provided for in the contract pursuant to article R. 2118
- Contractual cancellation conditions
- The cancellation conditions defined in articles R. 2119, R. 21110 and R. 21111
- 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
- When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.]”
In addition, in accordance with article R.211-6 of the Tourism Code, Bike Out informs the Riders of:
- The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer
- The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates
- Means, characteristics and categories of transport used, 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 under the regulations or customs of the host country
- The catering services offered
- The itinerary when it is a circuit
- Visits, excursions or other services included in the total price of the trip or stay
- The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of article R. 2118
- The indication, if applicable, of fees 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 the price of the service(s) provided
- The timetable and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out
- The special conditions requested by the buyer and accepted by the seller
- The terms under which the buyer can submit a complaint to the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and , where applicable, reported in writing to the travel organizer and the service provider concerned.
- The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;
- Contractual cancellation conditions
- The cancellation conditions provided for in Articles R. 2119, R. 211-10 and R. 211-11;
- The details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller's professional civil liability;
- The indications 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 those 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;
- The deadline for informing the seller in the event of assignment of the contract by the buyer;
- The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
- The name, address and telephone number of the seller's local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the phone number to establish urgent contact with the seller
- For travel and stays of minors abroad, a telephone number and an address allowing direct contact with the child or the person in charge of their stay on the spot
- The clause for termination and reimbursement 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. 2114;
- The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
SPECIFIC INFORMATION ON CONSUMER LAW
In addition to the above-mentioned information, and when this has not already been provided to the Rider, Bike Out provides the latter under its legal obligation of pre-contractual information, in a readable and understandable manner, all the information referred to in articles L.111-1, L.111-2 and L.121-17 I of the new French Consumer Code, and in particular the following information:
“The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned
The price of the good or service, pursuant to Articles L. 113-3 and L. 1133-1
In the absence of immediate execution of the contract, the date or the deadline on which the professional undertakes to deliver the goods or to perform the service.
The information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context, as well as, if applicable, those relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions. (new Article L.111-1 of the Consumer Code).
“(…) additional information relating to its contact details, its service provision activity and the other contractual conditions, the list and content of which are set by decree in the Council of State. This decree specifies which additional information is communicated only at the request of the consumer. (new Article L.1112 of the Consumer Code)
“(…) 2° When the right of withdrawal exists, the conditions, the deadline and the procedures for exercising this right as well as the standard form of withdrawal, whose presentation conditions and the information it contains are set by decree in Council of State;
(…)
5° Information on the consumer's obligation to pay fees when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network which he has expressly requested to be performed before the end of the withdrawal period; these costs are calculated according to the methods set out in Article L. 121-21-5;
6° When the right of withdrawal cannot be exercised pursuant to Article L. 121-21-8, the information that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
7° Information relating to the contact details of the professional, where applicable the costs of using the remote communication technique, the existence of codes of good conduct, where applicable guarantees and sureties, terms of termination, the methods of settling disputes and the other contractual conditions, the list and content of which are fixed by decree of the Conseil d'Etat. » (Article L.12117 I of the Consumer Code)
This Section 5.4. (i) applies without prejudice to articles 5.1, 5.2 and 5.3 hereof in the event of a reservation relating to a tourist package within the meaning of article L.2112 of the Tourism Code, (ii) and without prejudice to the information provided in such a way specific to the Rider in the event of off-premises sales or at fairs or shows or any other commercial event; (iii) is not applicable to sales relating to tourist packages within the meaning of article L.2112 of the Tourism Code, nor to sales concluded with professionals (except for sales concluded "off-site" within the meaning of article L.121-6 2° new of the Consumer Code, and "as soon as the object [of the contract thus concluded] does not fall within the scope of the main activity of the professional solicited and that the number of employees employed by this one is less than or equal to five” (Consumer Code, art. L.121-16-1. III).
FORMULAS
Bike Out offers various formulas of Tourist Services:
A classic group circuit formula: “Open start” formula;
An à la carte group circuit formula: “Private departure” formula:
“Open start” formula
The "Open Departure" formula designates a Bike Out offer offering the Rider the opportunity to travel in an organized group, following a circuit entirely prepared in advance by Bike Out. The minimum number of participants is set at 4 (four) people.
“Private departure” package
The "Private Departure" formula designates an offer for which the Rider can form his own group, in order to follow a circuit drawn up in advance by Bike out. The rates charged are negotiated with the various service providers according to the number of people in the group.
The formulas offered by Bike Out are particularly detailed and accessible on the Site.
Regardless of the formulas chosen, the Tourist Service selected by the Rider may require different levels of difficulty, depending on certain elements such as the route and its technicality or the type of 2 wheels used, in addition to any other specific conditions specified in the description of the Tourist Service.
These levels of difficulty and all specific conditions are specified on the Site in the description sections of each trip before registration as well as in the registration email received following registration
These levels of difficulty are prescribed for information purposes according to the general level required, and it is up to the Rider, and to him alone, to assess his skills with respect to said level of difficulty.
It is strongly recommended that the Rider carefully read the description and any specific conditions communicated on the program and the registration email, in particular with regard to the prerequisites, the levels of risk indicated, etc.
These levels of difficulty and any specific conditions will be specified in the corresponding registration email, for the selected Tourist Service.
SERVICES INCLUDED AND NOT INCLUDED (FOR INFORMATION)
When the Tourist Service is offered in the form of a "tourist package", the total price including VAT indicated for a Tourist Service includes in principle the following services (subject, however, to confirmation in the quote and the registration form) :
- the provision of the Vehicle;
- reservation of accommodation ;
- accompaniment in a private vehicle ensuring the transport of luggage;
- Depending on the trip, guidance provided by a qualified professional;
Depending on the tourist services, the following services may or may not be included in the price including VAT, and/or available at an additional cost (in this case this is expressly indicated to the Rider):
- full board catering
- drinks or any personal expenses
- entrance tickets to monuments, museums and other tourist sites;
- the mandatory security deposit for the provision of the bicycle or motorbike (not included in the price including tax of the Tourist Service);
FOR TRANSPORT
BIKE OUT DOES NOT IN ANY CASE RESERVE INTERNATIONAL FLIGHTS OR ANY OTHER TRANSPORT AS PART OF THE TOURIST SERVICE.
The Rider must carry out all the necessary steps himself, such as booking train or plane tickets, in order to ensure his travel to the place of the Tourist Service and the return to his home.
These reservations and the costs they generate remain the sole responsibility of the Rider. In addition, any use of transport during the Tourist Service remains at the Rider's sole expense.
BIKE OUT DISCLAIMS ANY RESPONSIBILITY FOR THE RESERVATION BY THE RIDER OF TRANSPORT WITH CARRIERS, AND THE PROPER EXECUTION OF THESE SERVICES BY THE LATTER.
Bike Out does not provide assistance in carrying out operations for the issuance of national or international transport tickets by air or rail carriers. In accordance with the provisions of article R.211-1 of the Tourism Code, these operations must be carried out by air or rail carriers directly or by means of their own automated equipment implemented under their responsibility.
Any delay or any incident related to national or international transport cannot be imposed on Bike Out, and it is up to the Rider to provide his own transport in order to be present for the start of the Tourist Service, under the conditions which have been indicated to him. , and failing to provide a fallback solution at its own expense in order to join the group, subject to its acceptance by the organizer of the Tourist Service.
FOR VISAS AND VACCINES
Some of the Bike out services may take place outside French or even European borders.
Bike out does not provide any delivery service for visas or vaccinations which would be compulsory to enter the territory where the Tourist Service takes place except in exceptional cases as mentioned in the description of the trip if necessary.
THE RIDER, DULY INFORMED BY BIKE OUT AS TO THE OBLIGATION TO UPDATE HIS VACCINES AND/OR TO PROCEED WITH THE ADMINISTRATIVE PROCEDURES RELATED TO OBTAINING VISA, IS SOLELY RESPONSIBLE FOR THE CORRECT CARRYING OUT OF THESE PROCEDURES.
It is up to him to check and keep himself informed of the deadlines for obtaining visas and/or vaccines which are applicable in his particular case, in addition to the information provided to him in this respect by Bike Out.
THE RIDER IS INFORMED OF THE IMPORTANCE OF PROCEEDING WITH THE NECESSARY STEPS TO OBTAIN THE MANDATORY VACCINES AND VACCINES.
IF THESE CONDITIONS ARE DETERMINING FOR PARTICIPATION IN THE TOURIST SERVICE, LE RIDER WHO IS INFORMED OF THEM WILL BE SOLELY RESPONSIBLE FOR NON-COMPLIANCE WITH THE CONDITIONS RELATING TO OBTAINING MANDATORY VACCINES AND/OR VACCINES AND WILL NOT BE ABLE TO TO TURN AGAINST BIKE OUT IF IT CANNOT PARTICIPATE IN THE TOURIST SERVICE BY THIS SINGLE FACT.
FOR ACCOMMODATION
Accommodation is part of the services delivered to the Rider, depending on the formulas chosen, the quote established for the Rider.
In the event that accommodation is included in the chosen formula, the Rider nevertheless has the possibility of proceeding by himself to the reservation of his accommodation, by contacting Bike Out in order to agree on the conditions under which this accommodation may or may not not be provided to au Rider during the Tourist Service.
Any agreement of the Parties on this subject must be confirmed in writing. Subject to the prior, express and written agreement of Bike Out, the Rider may benefit from a price reduction for non-booking by Bike Out on his behalf of the accommodation. In this case, Bike Out cannot be held responsible for any incident that may affect the hosting services provided to the Rider by a third-party provider.
Different types of accommodation are likely to be offered and provided to the Rider as part of the Tourist Service, according to different levels of comfort, as set out below:
– Types of accommodation offered by Bike Out and/or its Receptive Partner
Hotels
guest houses
tents
– Comfort levels of accommodation provided
Standard
Comfort
Luxury
Other accommodation characteristics
The services provided with the accommodation are specified on a case-by-case basis, depending on the accommodation concerned, in the registration form, specifying whether or not these services are subject to an additional price for the Rider, and their mandatory or optional.
The price of the Tourist Service may vary depending on the type and level of comfort of the accommodation provided au Rider.
In any case, the Rider is informed of the type, the level of comfort as well as the total price including VAT of the resulting Tourist Service, prior to any validation of the reservation with Bike Out, as pre-contractual information.
All of this information is provided in particular in the estimate communicated to the Rider for its acceptance.
Similarly, the conditions of access and use of the accommodations are indicated to the Rider in the quote. As soon as the Rider accepts the quote, he accepts and must comply with all the conditions indicated in the "quote" email with regard to access and use of the accommodations by all the Riders of these accommodations. .
ADMINISTRATIVE AND HEALTH FORMALITIES
Participation in a Tourist Service, particularly when crossing borders, may require the Rider to comply with administrative and/or health formalities.
Information is provided by Bike Out to the Rider regarding the administrative and/or health formalities that it is his responsibility to respect, on the Site, in the registration form and/or in the "quote" email sent to the latter.
Before departure, it is up to the participating Rider to check that he has a valid identity document (passport, national identity card if this is sufficient) as well as any other administrative document. that may be required (visa, ESTA authorization for the United States, etc.).
It is up to the Rider to check for his particular case that he has all the personal documents necessary to go to the destination(s) of the Tourist Service and to legally drive a motor vehicle there..
Some transport companies such as airlines or railways may also set up specific formalities to be complied with. It is up to the Rider to check these formalities when booking tickets.
The indications relating to the administrative and health formalities in the contractual documents of Bike Out are provided for information purposes to the Rider.
It is strongly recommended to the Rider, in addition to this information:
To find out about the destination of his trip from the competent authorities, such as the embassy and/or the consulate concerned in France, or from the Ministry of Foreign Affairs, as well as from the town hall for administrative formalities;
Also consult the following official sites, in addition to information on the trip program and those on the website.
On the website of the Ministry of Foreign Affairs in France, the file of the country of destination; and in particular the following addresses:
http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/conseils-par-pays/
http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/infos-pratiques/
http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/dernieres-minutes/
The official ESTA website, in case of departure to the United States.
For health risks: websites of the Ministry of Health and of the World Health Organization (WHO), and the “Health” section of each country sheet of the Ministry of Foreign Affairs.
PROCEDURE AND FEES FOR OBTAINING VISA:
“When the administrative formalities to be completed for entry into one or more countries of the trip require obtaining a visa or any other type of authorization, Bike Out informs French nationals. It is up to the Rider who is a French national to complete the formalities in order to obtain the visa(s) or other authorizations from the competent authorities and at his own expense.
Persons of foreign nationality must obtain information and information before undertaking a trip on the administrative and health formalities required, in particular, from the competent embassies or consulates. It is up to the Rider to check that his documents, in particular administrative and health documents, required for the completion of the trip, are in accordance with the information provided by Bike Out. Bike Out cannot, under any circumstances, be held responsible for the consequences of the Rider's failure to observe customs or health police regulations, before and during the trip. A Rider who could not board a flight for lack of presenting the required documents mentioned on the registration form given to him, could not claim any refund. »
THE SPECIFIC FORMALITIES REQUIRED FOR ENTRY OR TRANSIT THROUGH THE UNITED STATES OF AMERICA
Since January 12, 2009, all French travelers going to the United States or having to transit there for a tourist trip not exceeding 90 days, must be in possession of an electronic authorization from ESTA (Electronic System for Authorization of trip) before boarding for the United States. Travelers must complete online, no later than 72 hours before departure, the ESTA forms on www.cbp.gov/esta (official site in English) and/or on the site page:
https://fr.usembassy.gov/fr/esta.html (site in French version).
Bike Out recommends that the Rider carry out this administrative procedure, because if he is unable to present this authorization when boarding, he will be refused boarding and his trip will be compromised.
ESTA authorization or renewal requests are payable online by credit card at the time of the authorization request and/or renewal. Travelers of foreign nationality wishing to travel to the United States or transit through the United States are invited to inquire about the formalities required with the competent authorities, and the Bike Out team remains at their disposal to help them.
The Rider is informed that all of the above information is likely to change at any time, until the day of departure, particularly in the event of a health risk (eg epidemic) or bad weather.
It is up to each Rider to check with the competent authorities that the information available to him is still valid and thus to find out about any updates to the administrative and/or health formalities that he must complete, until the day before. of his departure.
In addition, it is the sole responsibility of the Rider to follow all the recommendations issued, in particular in the event of a health risk, by the competent authorities in France and on site, by organizations recognized in the health sector (eg: WHO), or even by Bike Out or one of its Specialized Partners and/or other service providers, and to keep informed of them on a day-to-day basis, to which it expressly undertakes in the context of these presents.
Bike Out provides information relating to the aforementioned administrative and health formalities, intended for French nationals; persons of foreign nationality must, in addition to the information provided, obtain information before departure from the competent authorities and organizations in their country of habitual residence and/or origin, and thus verify the information relevant to their particular case.
THE RIDER ACKNOWLEDGES THAT HE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE ADMINISTRATIVE AND/OR HEALTH FORMALITIES OF WHICH HE IS INFORMED AND WHICH ARE SPECIFIC TO THE DESTINATION OF THE TOURIST SERVICE.
Bike Out CANNOT BE HELD RESPONSIBLE FOR THE CONSEQUENCES OF NON-COMPLIANCE WITH ANY RECOMMENDATIONS ISSUED BY COMPETENT AUTHORITIES OR BODIES, WITH REGARD TO TRAVELERS, OR FOR THE NON-OBSERVATION OF ANY REQUIRED FORMALITY, BY RIDERS.
THE RIDERS UNDERTAKE TO KEEP THEMSELVES INFORMED OF AND TO RESPECT ALL OF THE ABOVE-MENTIONED INFORMATION AND RECOMMENDATIONS WITHIN THE FRAMEWORK HEREIN.
INSURANCE
Bike Out offers an insurance package to Riders for their trip.
The costs related to taking out insurance remain the responsibility of the Rider and are in no way included in the total price indicated for the Tourist Services.
The Rider is free to subscribe or not to this insurance, or to any other insurance of his choice with an insurance specialist. The subscription to an insurance is however strongly recommended to the Rider in order to cover the risks inherent in the Tourist Services in order to cover the damage caused to the Rider and/or to third parties.
Bike Out cannot be held responsible for the non-subscription to adequate risk insurance by the Rider.
The information provided in this article does not constitute either the general or specific conditions of the insurance contracts, to which the Rider must refer for any subscription to one of these formulas, and which can be consulted on the Site or provided by Bike out on request.
The indications concerning the risks covered and those excluded by each of the insurance formulas offered are provided to the Rider on request.
These contracts include warranty limitation or exclusion clauses, to which it is recommended to pay particular attention.
MINORS
The Tourist Services are not intended for minors, understood as persons under the age of eighteen (18).
Bike Out reserves the right to refuse the participation of any minor, as well as any person who would like to participate in a Tourist Service, depending on their physical condition, or if they judge that there are any risks for safety and/or or the health of that person.
If the participation of a minor is authorized, reservation requests concerning minors must therefore be made by the persons who are legally responsible for them, namely, depending on the case, the father, the mother, or the guardian of the minor.
Any reservation must be made, and any registration form for a minor signed, exclusively by the person responsible for the minor and preceded by the mention [“agreement of [surname and first name of the father/mother/guardian] of [ surname and first name of the minor”] as well as the following handwritten certificate:
"I certify on my honor that I am the legal guardian of [surname and first name of the minor], in the capacity of [father/mother/guardian] of the latter and that I am duly authorized to represent him/her within the framework of present".
In addition, the person responsible for the minor must ensure that the latter fulfills all the conditions required for participation in the Tourist Services (such as age, level required, physical conditions of the minor, possession of the all required valid identity documents and completion of all administrative and health formalities, etc.)
Minors can participate in the Tourist Services if the technical conditions allow it and if they are accompanied by adults who are legally responsible for them (father, mother or guardian) throughout the duration of the Tourist Service concerned.
Bike Out however reserves the right to refuse the participation of any minor, as well as any person who would like to participate in a Tourist Service, depending on their age, their physical condition, or if they judge that there are any risks. for the safety and/or health of that person.
If necessary, the acceptance by Bike Out of a minor among the participants in a Tourist Service can not be analyzed in any case, as the acceptance of the care of this minor in place of his legal guardian. .
QUOTE REQUEST
The Rider who wishes to find out about a Tourist Service has the possibility of requesting a quote from Bike Out, in particular on the Site via the form provided for this purpose on the home page (CONTACT).
ONLINE QUOTE REQUEST
When requesting a quote, the Rider authorizes Bike Out to contact him in order to draw up this quote.
Bike Out contacts the Rider in order to exchange with him and communicate the quote, to the contact details indicated by the Rider, by telephone or by e-mail.
OTHER QUOTATION REQUEST METHODS
The Rider also has the option of requesting a quote from Bike Out by contacting the agency by telephone.
CONTENT OF THE QUOTATION
In accordance with the provisions of article L.211-9 of the Tourism Code, the estimate drawn up by Bike Out specifies in particular the content of the services offered relating to the stay, the price and the terms of payment, the cancellation conditions as well as, when necessary, the conditions for crossing borders.
THE RIDER IS INFORMED THAT THE QUOTATION SENT BY BIKE OUT IS A PURELY INDICATIVE DOCUMENT, WITH SIMPLE INFORMATIVE VALUE.
IT DOES NOT BIND THE RIDER OR BIKE OUT AND IS ESTABLISHED SOLELY ON THE BASIS OF THE INFORMATION PROVIDED BY THE FIRST AND ON A SPECIFIC DATE, WITHOUT PREJUDICE OF THE CONTRACTUAL CONDITIONS APPLICABLE ON THE DATE OF THE RESERVATION AS DEFINED IN ARTICLE 27 OF THE PRESENT.
The price indicated in the estimate is the price inclusive of VAT applied by Bike Out for the Tourist Service concerned, on the date of the preparation of the estimate. Any booking fees or additional costs are also specified to the Rider. All of these elements are subject to change or modification by Bike Out, of which the Rider is expressly informed.
ONLY THE REGISTRATION FORM AS WELL AS THE ATTACHED CONDITIONS OF SALE, AND THE RISK INFORMATION NOTICE (APPENDIX 2) ARE TO BE CONSIDERED DOCUMENTS WITH CONTRACTUAL VALUE BINDING THE PARTIES FOR THE ONLINE RESERVATION A TOURIST SERVICE, IN ACCORDANCE WITH ARTICLE 2 OF THESE SPECIAL CONDITIONS OF SALE.
RESERVATION STEPS
Reservation process - offline only-
The stages of a reservation are as follows:
- 1st email - Validation of the estimate by the rider following the sending of the email
- 2nd email - Payment of all or part of the price of the trip including tax thanks to the payment link sent
- 3rd - Receipt of the invoice showing the amount of the first payment
Note: the payment links are generatedin accordance with the planet ride platform, with a travel license and an Atout France registration number.
The booking confirmation indicates in particular the existence of a withdrawal period, as well as all the information referred to in article L.121-192 of the new Consumer Code.
Fairs and exhibitions (and other commercial events)
PLEASE NOTE: IN ACCORDANCE WITH THE PROVISIONS OF NEW ARTICLE L.121-9 OF THE CONSUMER CODE, THE RIDER IS INFORMED THAT FOR ANY RESERVATION MADE ON THE OCCASION OF A FAIR, EXHIBITION OR ANY COMMERCIAL EVENT WITHIN THE CHAPTER II OF TITLE VI OF BOOK VII OF THE COMMERCIAL CODE, THE RIDER HAS NO WITHDRAWAL PERIOD.
PRICE
The prices of the Tourist Services are indicated to the Rider in Euros and All Taxes Included (TTC). When the reservation is made online, the total amount of the service is to be paid.
Prices are displayed on the Site for information only. They remain subject to change or modification by Bike Out, under the conditions provided for in the Special Conditions of Sale. Similarly, the prices indicated on the quote communicated to the Rider correspond to the prices charged by Bike Out on the date the quote was drawn up and are communicated for information purposes only.
The mention of the price including VAT on the registration form is without prejudice to any additional costs or costs that may be charged to the Rider, under the selection of options or any additional or subsequent reservation that it would be brought. to be made, or due to external circumstances having the effect of modifying the price of the reservation, in accordance with the Special Conditions of Sale. The Rider is informed of any additional costs that may be charged to him, in a clear and legible manner, as well as whether or not these costs are optional.
The total price including VAT indicated for the reservation of a Tourist Service corresponds to the price charged by Bike Out on the reservation date as defined herein. This price only covers the services included in the Tourist Service, as specified in the registration form.
The Rider is informed that Bike Out is likely to modify this price, in accordance with the provisions of article L.211-12 of the Tourism Code, and this, only taking into account the following elements:
(…)
The cost of transport, linked in particular to the cost of fuel;
Fees and taxes relating to the services offered, such as landing, embarkation or disembarkation taxes at ports and airports;
Exchange rates applied to the trip or stay in question
(…)
The Rider will be informed, if necessary in writing, and this price increase cannot occur beyond the deadline set at thirty (30) days before the start date of the Tourist Service. After this period, the price is firm and final.
If an additional cost is generated by the cancellation of one or more participants, with the result that the minimum number of participants required - and of which the Rider was informed before contracting - is no longer reached, the Riders can maintain the reservation. on condition that they take charge, equally, of the additional cost generated by this cancellation. Failing this, the reservation will be cancelled, without prejudice to the application of any cancellation fees as defined herein.
This price may be increased or reduced.
PAYMENT TERMS
In order to pay the price, the Rider must pay for the service by credit card only.
Bank transfer, payment in cash or by bank check are not authorized.
Authorized means of payment
Payment by credit card in Euros
The credit cards accepted are: Visa, Mastercard, CB.
These payment cards must be issued by a bank or financial institution in compliance with legal provisions and the Rider certifies, in the context of the present, to be the holder of the bank card used.
Payment by credit card online:
Bike Out has set up, through the Planet Ride Agency, a secure procedure for payment by credit card via a secure link generated on their platform. This procedure is based on information encryption technology, the benchmark for secure payment. During payment, the Rider records the number, the expiry date and the cryptogram number (3-digit number on the back of the bank card) of his bank card, which are immediately encrypted before being sent to the bank of Planet Ride via Internet. Payment will be made, unless the server is unavailable, immediately on the Internet by credit card.
In addition, Bike Out reserves the right to suspend or cancel the reservation for any incident related to payment (non-payment or partial payment, fraud, attempted fraud relating to the use of means of payment, etc.).
All reservations are payable in Euros, all taxes included (TTC). Any bank charges remain the responsibility of the Rider (including in the event of reimbursement).
By making a payment with Bike Out, in particular online, the Rider declares to be authorized to use the means of payment used.
Insofar as Bike Out would use third parties to facilitate payment transactions and ensure their security, it is the Rider's responsibility to read the general conditions of these third parties before any transaction.
Payment Terms
The Rider proceeds to the total payment of the trip within the deadlines indicated by Bike Out during the confirmation of the reservation using the means of payment authorized by Bike Out.
The reservation is deemed final upon receipt by the Rider of the confirmation accompanied by the electronic reservation invoice.
If, however, the payment is made via a first deposit and then a balance, the date of the balance is indicated to the Rider at the time of payment of the deposit. This is equal to 45 days before the start of the tourist service. The Rider proceeds to the payment of the balance by bank card, always by a link generated on the planet ride platform and sent to the latter by email.
After a period of thirty [30] days before departure, the price including VAT for the reservation is due, and must be paid in full by the Rider.
Bike Out undertakes to issue an invoice to the Rider as part of the confirmation of his reservation.
Any payment by the Rider is subject to confirmation in writing by Bike Out.
SIGNATURE AND ELECTRONIC PROOF
As part of the online payment, the online provision of the credit card number and the validation of the estimate will be worth proof of the acceptance of the reservation in accordance with the provisions of the law n ° 2000-230 of March 13, 2000 adapting the right of proof to information technologies and relating to the electronic signature and will be worth payment of the sums committed under the reservations.
This validation is equivalent to signature and express acceptance of all reservations made.
The computerized registers kept in the computer systems of Bike Out, under the conditions provided for by law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms in France, will be considered as proof of communications and transactions between Bike Out and the Rider.
RIGHT TO RETRACT
In accordance with the new articles L.121-17 and L.121-21 and following of the Consumer Code, the Rider has the right to withdraw, without reason, within fourteen (14) days from the date of reservation.
Prior to the conclusion of the contract, Bike Out provides the Rider with the following information (i) if applicable, the existence of a right of withdrawal (ii) the conditions, the deadline and the procedures for exercising this right of withdrawal as well as the standard withdrawal form (ii) where applicable, information on the consumer's obligation to pay costs when exercising his right of withdrawal.
This information is recalled in the booking confirmation sent to the Rider, and in particular the standard withdrawal form.
In order to exercise his right of withdrawal, the Rider must notify Bike Out, in writing, of his decision to withdraw to the following address: team@bike-out.com. The model withdrawal form can be used by the Rider. This form is provided to the Rider in the general conditions of sale sent to him after his registration.
In the event of exercise by the Rider of his right of withdrawal within the time limits, an acknowledgment of receipt of the withdrawal will be sent to the Rider without delay. If necessary, the reservation is cancelled, and Bike Out will reimburse all the payments obtained (total price including tax or deposit, if applicable), no later than fourteen (14) days from the day on which it became aware of the Rider's decision to withdraw. The refund will be made using the same means of payment as that used in the initial transaction, unless Bike Out and the Rider expressly agree on a different means and insofar as the refund does not incur any costs for the Rider. .
In accordance with articles L.121-161. I. 5° and L.12197 and following of the Consumer Code, this article does not apply to the following booking cases:
Sale of Tourist Services at fairs and exhibitions or any commercial event falling under Chapter II of Title VI of Book VII of the French Commercial Code (the absence of the right of withdrawal being specified to the Rider, in accordance with the applicable legal provisions);
Sale of Tourist Services in the form of tourist packages within the meaning of article L.2112 of the Tourism Code.
In any case, when the right of withdrawal cannot be exercised, the information that the consumer does not benefit from this right or, where applicable, the circumstances in which the Rider loses his right of withdrawal are indicated to that -ci prior to the conclusion/validation of the reservation and in a legible and understandable manner.
Pursuant to the provisions of art. L.121-97 of the Consumer Code, contract offers relating to Tourist Services made at fairs and exhibitions mention the absence of a withdrawal period, in clear and legible terms, in a visible box._cc781905- 5cde-3194-bb3b-136bad5cf58d_
MODIFICATION, CANCELLATION, TERMINATION OF THE BOOKING AND REFUND
IN THE EVENT OF MODIFICATION, CANCELLATION, OR TERMINATION OF THE RESERVATION, NO REIMBURSEMENT OR COMPENSATION CAN BE PROVIDED FOR THE BENEFIT OF THE RIDER EXCEPT IN THE CASES EXPRESSLY REFERRED TO IN THIS ARTICLE, UNLESS IMPERATIVE LEGAL PROVISIONS TO THE CONTRARY.
BEFORE LEAVING
Impossibility of respecting one of the essential elements of the Tourist Service before departure
Under the terms of the provisions of Article L. 211-13 of the Tourism Code, when, before departure, compliance with one of the essential elements of the Tourist Service is made impossible as a result of an external event which imposes to Bike Out and/or the Receptive Partner, Bike Out will notify the Rider as quickly as possible and inform him of the option he has either to terminate his reservation or to accept the modification proposed by Biek Out.
This warning and this information will be confirmed in writing to the Rider, who must make his choice known as soon as possible. In the event of termination, the Rider is entitled, without incurring penalties or costs, to reimbursement of all sums paid.
This article also applies in the event of a significant change in the price of the reservation occurring in accordance with the conditions provided for in article L. 21112 of the Tourism Code.
Significant price increase before departure
Under the terms of the provisions of article R.211-9 of the Tourism Code, when, before the departure of the buyer, Bike Out or the Specialized Partner finds itself forced to make a modification to one of the essential elements of reservation, such as a significant price increase and when he disregards the information obligation mentioned in 13° of article R. 211-4 of the Tourism Code, the Rider may, without prejudice to recourse for compensation for any damages suffered, and after having been informed by Bike Out by any means allowing an acknowledgment of receipt to be obtained:
Either cancel his reservation and obtain, without penalty, the immediate reimbursement of the sums paid
Either accept the modification or the replacement trip proposed by Bike Out; a contractual amendment specifying the modifications made is then signed by the Parties; any reduction in price is deducted from any sums remaining due by the Rider and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
Cancellation by Bike Out before departure
In application of the provisions of article R.211-10 of the Tourism Code, in the case provided for in article L. 211-14 of the Tourism Code, when, before the Rider's departure, Bike Out cancels the Tourist Service , he must inform the Rider by any means allowing him to obtain an acknowledgment of receipt; the latter, without prejudice to recourse for compensation for any damages suffered, obtains from Bike Out the immediate reimbursement and without penalty of the sums paid and receives, in this case, ae compensation at least equal to the penalty he would have incurred if the cancellation had been made by him on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement between the Parties aimed at the acceptance, by the Rider, of a substitute trip or stay offered by Bike Out.
Termination by Bike Out in the absence of fault of the Rider before departure
Under the terms of the provisions of article L211-14 of the Tourism Code, when, before departure, Bike Out terminates the reservation in the absence of fault of the Rider, all the sums paid by the latter are returned to him, without prejudice any damages to which the latter could claim.
Modification or cancellation of the reservation by the Rider
In the event of modification of one of the elements of the reservation by the Rider, the Rider will be invoiced for an additional price without prejudice to any costs related to the modification of the reservation after signing the registration form, according to the following scale :
Cancellation fee schedule
More than 60 days before the departure date: twenty percent (20%) of the total price including tax of the trip, plus administrative costs of one hundred and fifty euros (€100) per person and transfer of an amount of sixty euros (€50) per refund(s) made.
From 60 to 31 days before the departure date: thirty percent (30%) of the total price including tax of the trip, plus administrative fees of one hundred and fifty euros (100€) per person and transfer fees in the amount of sixty euros (50€) per refund(s) made.
From 30 to 21 days before the departure date: fifty percent (50%) of the total price including tax of the trip, plus administrative fees of one hundred and fifty euros (100€) per person and transfer fees in the amount of sixty euros (€50) per refund(s) made.
From 20 to 8 days before the departure date: seventy-five percent (75%) of the total price including tax of the trip, plus administrative fees of one hundred and fifty euros (100€) per person and transfer fees in the amount of sixty euros (50€) per refund(s) made.
Less than 8 days before the departure date: 100% of the total price including tax of the trip.
In case of no-show on the day of departure: 100% of the Total price including VAT of the trip.
Scale of partial cancellation fees, except in special cases:
If one or more travelers registered on the same file (BI) cancel(s) their participation in a trip maintained for the other participants:
For personal services (not shared): the schedule of cancellation fees above will be calculated for the traveller(s) who cancel(s) on the price of the services (transport tickets, etc.) not used for the trip on the date of cancellation
For shared services: fees equal to 100% of the price including tax provided to the Rider for his participation in shared services, regardless of the date of cancellation, will be invoiced to the participant(s) who cancel(s) on their share of the shared services of the trip.
When several Riders have registered on the same file and one of them cancels his trip, the cancellation fees are deducted from the sums collected by the Bike Out Team for this file, regardless of the author of the payment.
Special cases :
100% cancellation fees may be applied upon registration at certain hotels.
100% cancellation fee for all tickets issued.
In the event of cancellation, for any reason whatsoever, the costs outside the trip subscribed through the Bike Out platform and incurred by the Rider such as transport costs to the place of departure of the trip and return home, costs of obtaining visas, travel documents, vaccination costs, insurance cannot be reimbursed in any way.
The reservation of the Rider is final from the 1st payment (Total or deposit). It cannot be refunded except for the causes strictly listed herein.
In addition, the Rider may be liable for the full price, according to the deadlines in which he notifies his cancellation, in accordance with these presents.
AFTER THE DEPARTURE
Failure of one of the essential elements of the Tourist Service after departure
Under the terms of article L211-15 of the Tourism Code, when, after departure, one of the essential elements of the contract cannot be executed, Bike Out will offer, except duly justified impossibility, to the Rider services to replace those which do not are not provided.
Bike Out will bear the resulting price supplements or reimburse the difference in price between the services provided and provided.
If the Rider does not accept the proposed modification, Bike Out will provide him with the necessary transport tickets for his return, without prejudice to any damages he may claim.
Impossibility of performing the Tourist Service after departure
In accordance with the provisions of article R.21111 of the Tourism Code, when, after departure, Bike Out is unable to provide a major part of the services provided for in the context of the Tourist Service, representing a significant percentage of the price honored by the Rider, it must immediately take the following measures, without prejudice to claims for compensation for any damages suffered:
Either offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the Rider are of inferior quality, reimburse him, upon his return, the difference in price;
Or, if it cannot offer any replacement service or if these are refused by the Rider for valid reasons, provide the latter, at no additional cost, with transport tickets to ensure his return under conditions that can be judged 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. 2114 of the Tourism Code.
Lack of prior information
In accordance with the provisions of article R.211-6 20° of the Tourism Code, the Rider may request the cancellation of the reservation and the reimbursement without penalty of the sums he has paid in the event of non-compliance with the obligation. of information from Bike Out within the meaning of article R.211-4 and with regard to article 4 hereof relating to pre-contractual information.
ASSIGNMENT OF THE RESERVATION TO A THIRD PARTY
In accordance with the provisions of articles L.21111 and R.2117 of the Tourism Code, the Rider has the right to transfer his reservation to any third party who meets the conditions required for the Tourist Service.
If necessary, the Rider must inform Bike Out of the transfer of his reservation to a third party by any means allowing him to acknowledge receipt, no later than seven (7) days before the start of the Tourist Service, to the address of contact listed herein. In the case of a cruise, this period is extended to fifteen (15) days.
The Rider and the third-party transferee of the reservation will be jointly and severally liable, vis-à-vis Bike Out, for the payment of the balance of the price, any additional costs that may be incurred as a result of this transfer, as well as any sum that will be their charge under the reservation in accordance with the present.
SECURITY DEPOSIT
The Rider is informed that he must pay a security deposit for the provision of the Vehicle, the amount of which varies according to the type of Vehicle. The security deposit must be returned to Bike Out before the start date of the Tourist Service.
This security deposit will be returned to the Rider at the end of the Tourist Service, except deduction of any costs of replacement or repair of all or part of the Vehicle and/or its accessories (mirrors, indicators, etc.) which would be made available to him. charge in the event of damage to the Vehicle.
If the repair costs exceed the amount of the guarantee deposit, Bike Out reserves the right to claim from the Rider, amicably or by legal means in the absence of agreement between the Parties, the reimbursement of the costs incurred, which will be as soon as when billed to the Rider separately.
Bike out may also demand, under the same conditions as above, the reimbursement of any sum that would be charged to it:
As part of the repair of damage suffered by Bike Out, or by any third party, resulting from the non-compliance by the Rider of the present, French laws and regulations or those applicable in the country of execution of the Tourist Service (eg fines, deposits due to non-compliance with a local rule by the Rider);
For the reimbursement of all other losses, debts, or expenses resulting from non-compliance with the aforementioned rules (fine by public authorities, claims from service providers, etc.).
RISK INFORMATION NOTICE
The Rider undertakes to read the entirety of the Risk Information Notice (in Appendix 2 hereof) which will have been communicated to him at the time of his reservation, to complete it and to return it to Bike Out, duly signed, before the start of the Tourist Service.
The Rider is informed of the risks inherent in driving the Vehicle and his participation in the Tourist Service, and in particular, bodily and psychological damage, emotional suffering, trauma, illness or infection to which he may be subject, technical incidents and breakdowns that may affect the motorcycle or the course of the Tourist Service, and in general, any difficulties related to climatic or environmental conditions in the country of destination, which may occur before, during or after the Tourist Service.
In particular, the Rider is aware and acknowledges that in the context of Tourist Services, he may be required to drive a Vehicle (motorcycle, quad, etc.) in difficult conditions, which maywind prove difficult or dangerous for his driving or for his safety: driving over long distances, for several days in a row, at high or low temperatures or in difficult climatic conditions, etc.
With regard to these elements, and in accordance with article 22 below, the Rider guarantees to Bike Out to be in good enough physical shape to participate in the Tourist Service.
By signing these presents and participating in the Tourist Service, the Rider acknowledges being informed of the existence of such risks and accepts them.
OBLIGATIONS OF RIDERS
Under the terms hereof, the Riders undertake, throughout the term hereof:
To respect all the conditions and commitments set out in the contractual documents of Bike Out, namely: the registration form, the Conditions of Sale as well as the Information Notice on Risks (in Appendix 2) given when booking ;
To respect the laws and regulations in force which would be applicable to them in respect of the reservation or participation in a Tourist Service.
To follow all the instructions, recommendations and/or advice that may be given to them by Bike Out, its representatives, employees, agents, service providers, by the local Partner Receptive, by guides or any accompanying person, the competent public authorities in France or in the country of destination, or any other competent organization or authority (such as the WHO), before and during the Tourist Service, such as those inherent in the safety of goods and people, health risks or any other risk, the use of two-wheelers or any other means of transport, if applicable, the practice of routes or circuits, their conduct in all places of performance of the service, etc.; in this respect, it is specified that the motorcycle guide is in no way a guide and that the user drives and navigates under his sole responsibility.
Not to put themselves in danger deliberately or through negligence, in particular in the use of the two-wheeler, in this respect, to wear a helmet at all times and any protective equipment required for driving the Vehicle.
To inform themselves of the risks inherent in their participation in the Tourist Service with seriousness and diligence, as indicated by Bike Out as well as with the competent authorities indicated herein, until the day of their departure
To behave loyally towards Bike Out, its representatives, employees, agents, service providers, or even the local Receptive Partner, within the framework of all their relations and with a view to the proper execution of the Tourist Service.
To take with the utmost seriousness and the greatest consideration any commitment and any obligation imposed on them hereunder.
GUARANTEE
The Riders guarantee Bike Out against any infringement of its rights or the rights of third parties, the laws and regulations applicable in the country of destination and in France, in accordance with the principles of contractual loyalty and good faith.
In particular, they guarantee Bike Out against any identity theft or any false, falsified, inaccurate or incorrect information, even if only partially, and this even due to their sole negligence for any reason whatsoever, since this information is requested from them hereunder.
The Riders guarantee to Bike Out, in particular and without prejudice to other conditions laid down herein, that they meet the following conditions:
To be of age
If the Rider is piloting a motorcycle:
hold a valid motorcycle license / driver's license, required for participation in the Tourist Service, for at least two (2) years;
Have the level declared at Bike Out and corresponding to the level required for their participation in the Tourist Service, and be used to driving the chosen Vehicle in difficult conditions; be in good physical condition, including hearing and vision, and sufficient for their participation (not suffer from heart failure or other serious insufficiency incompatible with driving a motorcycle or bicycle) ; as such, if requested by Bike out,
hold a medical certificate issued by a doctor attesting to the physical ability to drive the Vehicle and participate in a trip on this type of Vehicle over long distances;
Respect the traffic and safety rules and in particular the speed limits applicable in the country of driving;
Be up to date with all the necessary administrative and health formalities (visas, passports, vaccines, etc.) and in particular be in possession of all the required valid administrative documents;
Have sufficient financial resources to meet their needs until the end of the Tourist Service.
The Rider must ensure that he is able to participate in the Tourist Service (in particular, to drive a motorcycle or a bicycle) without endangering his life and that of the other participating Riders. Any illness requiring medical assistance must be reported in writing at the time of the quote request and in any case, if it occurs after the booking, before departure. No reservation or participation can be accepted if the Riders are in physical or psychological conditions that do not allow such participation, or could make it difficult or even dangerous for one of the participants.
In addition, the Rider is informed that the guides or any accompanying person (if any) have a role limited to the simple supervision of the Tourist Service. They are in no way or in any way responsible for the risks taken by the Rider in driving the Vehicle, and which the Rider necessarily faces while driving this type of Vehicle, as informed in the Owner's Manual. Risk Information.
The Rider remains personally responsible for the risks he takes when driving the Vehicle during the Tourist Service, towards him and towards the other participants or any person who may come into contact with his Vehicle.
In addition, the Rider remains solely responsible for the vehicle entrusted to him and for the payment of the insurance deductible in the event of damage to the vehicle, any damage or theft.
In this respect, in the event of delivery of the Vehicle by a third party service provider, the Rider is informed that in certain countries, the delivery of the Vehicle does not give rise to a complete and prior verification of the Vehicle under the control of the Rider, as a result of which Bike Out cannot be held responsible in the event of a dispute with the third-party supplier of the Vehicle.
In the event of a damaged Vehicle, Bike Out may send the Rider, who will have to make good payment, an invoice for the repair of the Vehicle, the amount of which will be deducted from the security deposit.
LIABILITY OF Bike Out
Bike Out Professional Civil Liability
Bike Out is insured by HISCOX Europe Underwriting Unlimited, 2 Rue Louis le Grand 75002, Paris, France under the N° RCP23060184740 contract dated on 08/06/2023 under Professional Civil Liability Insurance.
The insurance taken out by Bike Out is distinct from any insurance taken out personally by the Riders, in particular with a view to covering damage suffered personally by the latter and/or by third parties.
IT IS STRONGLY RECOMMENDED TO RIDERS TO SUBSCRIBE PERSONALLY TO ADDITIONAL INSURANCE TO THOSE SUBSCRIBED BY BIKE OUT, IN ORDER TO COVER DAMAGE CAUSED TO THE RIDER AND/OR TO THIRD PARTIES.
Disclaimer
In accordance with the provisions of article L.211-16 of the Tourism Code, Bike Out can:
“… exonerate themselves from all or part of their liability by providing proof that the non-performance or poor performance of the contract is attributable either to the buyer, or to the fact, unforeseeable and insurmountable, of a third party unrelated to the supply of the services provided for in the contract, or in a case of force majeure. »
For example, the fact of the Rider can be:
The loss or theft of transport tickets by Riders, or of any object remaining in their custody;
The non-presence of the Rider on the day of the start of the Tourist Service (denial of boarding, premature disembarkation, etc.);
Failure by the Rider to present the identity documents necessary for travel, or presentation of invalid and/or non-compliant documents to the registration or customs police services.
Bike Out cannot be held responsible for any incident/accident, in particular traffic accident, or bodily injury which would result from a personal initiative of the Rider, or from any imprudence on his part or from any breach by the latter of his obligations in the context of driving the Vehicle made available to him, in particular with regard to the highway code and traffic rules applicable in the country of driving, the instructions given to him (in particular in terms of safety, wearing of helmet and any necessary equipment) or improper use of the Vehicle.
Consequently, the costs and disbursements caused by an incident/accident, including traffic accident, due to the Rider will be the sole responsibility of the latter.
When the contract does not relate to a Tourist Service covered by the French Tourism Code (e.g. simple motorcycle rental), the following provisions of the Consumer Code remain applicable (for contracts covered by the said Code):
"The trader is automatically liable to the consumer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are performed by the trader who concluded this contract or by other service providers, without prejudice to his right of recourse against them.
However, he may exonerate himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure. » (Consumer Code, art. L.121-19-4)
FORCE MAJOR
Pursuant to the provisions of article L.211-16 of the Tourism Code, referred to above, Bike Out cannot under any circumstances be held liable in the event of force majeure.
It is understood by "force majeure", within the meaning of the present, any event external to Bike Out having a character that is both unpredictable and insurmountable preventing Bike Out and/or one of its employees, agents, service providers, Specialized Partner or any other partner, intervening in the realization of the Tourist Service, to carry out all or part of its/their obligations within the framework of the present, within the meaning of the French jurisprudence in force, and in particular and not exclusively, in the event of:
Strike by transport services, air traffic controllers, hotel staff, or any staff linked to the performance of all or part of the Tourist Service;
Riots, insurrections, social movements;
Cancellation imposed by climatic, geographical, sanitary or political conditions threatening the life of the Rider, his safety or his health, or preventing the proper performance of the Tourist Service;
Cancellation by order of an administrative authority or any other competent French or foreign (local) public authority.
Natural disasters, bad weather or weather conditions making it impossible to carry out all or part of the Tourist Service for Bike Out and/or the Specialized Partner, independently of the will of the latter.
COMPLAINT – CONTACT
Complaints:
The Rider has the possibility of addressing to Bike Out any complaint relating to the Tourist Service.
The claim must be accompanied by supporting documents and sent by post with acknowledgment of receipt to Bike Out at the contact postal address below.
The complaint must be sent to Bike Out within a maximum period of thirty (30) days from the end of the Tourist Service. After this period, any complaint made cannot be accepted and will be declared inadmissible.
No claim will be accepted for loss(s), damage(s) or theft(s) of luggage, clothing or personal items placed under the personal supervision of the Rider during the duration of the stay, except proven fault of_cc781905-5cde- 3194-bb3b-136bad5cf58d_ Bike Out or service providers involved in making the trip.
In the absence of a satisfactory response to his complaint, within sixty (60) days of notification by the Rider (by e-mail or by post) of this complaint addressed to Bike Out at the contact address indicated below -afterwards, le Rider is free to contact the Tourism and Travel Mediator, whose contact details and referral procedures are available on the latter's website accessible at the following address:
www.mtv.travel
The Tourism and Travel Mediator is in charge of the amicable settlement of disputes arising between providers of air transport, travel or tourism services and their Customers.
Contact :
Any request for information, clarification and booking follow-up, as well as any complaint under this article, can be addressed to Bike Out at the addresses on the website.
PROTECTION OF PERSONAL DATA
In accordance with the provisions of law n ° 78-17 of January 6, 1978, relating to data processing, files and freedoms, Bike Out undertakes to respect the personal data of Riders, and of any person concerned whose personal data would be collected by Bike Out (hereinafter, a/the "Concerned Person") in the context of the request for a quote, the reservation and the participation of/in the Tourist Services, or during any exchange with these last within the framework of his professional activity.
The personal data of the Rider / the Person Concerned is the information which makes it possible to identify him directly or indirectly, within the meaning of article 2 of the Data Protection Act.
Riders / Persons Concerned are required to provide this type of information (surname, first name, email or postal address) voluntarily when requesting an online quote and, where applicable, when making a reservation with Bike Out.
PERSONAL DATA COLLECTED BY BIKE OUT MAY BE USED BY IT, BY ITS EMPLOYEES OR BY ITS PROVIDERS FOR THE PURPOSES OF PROVIDING TOURIST SERVICES TO RIDERS/PERSONS CONCERNED IN THE FRAMEWORK OF ITS ACTIVITY, AND IN PARTICULAR FOR THE PURPOSES OF PROCESSING OF RESERVATIONS MADE WITH BIKE OUT OR TO MEET ANY REQUEST OR QUESTION CONCERNING THE SITE OR THE SERVICES OFFERED AS PART OF TOURIST SERVICES.
LES RIDERS/PERSONS CONCERNED ARE INFORMED THAT BIKE OUT MAY COMMUNICATE THEIR PERSONAL DATA TO THIRD PARTIES, SUBJECT TO THE EXPRESS AND PRIOR CONSENT OF THE RIDER/PERSON CONCERNED OR ANY COMPETENT PUBLIC AUTHORITY WHEN LAWS AND REGULATIONS REQUIRE IT.
The personal data of the Riders/Persons Concerned will be kept by Bike Out in a strictly confidential manner and may only be reused for the purposes for which they were collected and for the purposes for which the persons concerned have expressly consented, in compliance with the provisions of the aforementioned Data Protection Act.
For any other use of the personal data of Riders/Data Subjects, for purposes other than those mentioned above, Bike Out undertakes to obtain the prior consent of Riders/Data Subjects in accordance to the provisions of the Data Protection Act in France.
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 38 AND FOLLOWING OF THE COMPUTER AND FREEDOMS LAW, ANY RIDER / ANY PERSON CONCERNED HAS A RIGHT OF OPPOSITION, ACCESS, CORRECTION OR DELETION OF HIS DATA OF A PERSONAL NATURE, WHICH HE/CELLECI IS FREE TO EXERCISE BY CONTACTING BIKE OUT AT THE CONTACT ADDRESS INDICATED HEREIN.
DATE OF RESERVATION, DATE OF SERVICE AND EFFECTIVE DATE
The date of the reservation corresponds to the date of receipt of the confirmation of the reservation by the Rider, which is sent par Bike Out by email after (i) validation of the online reservation or (ii) receipt of the contractual documents (registration form, Conditions of Sale and Risk Information Notice) signed with the required handwritten information, for other booking cases.
The date of the Tourist Service is the start date of the Tourist Service as indicated on the registration form and confirmed in writing by Bike Out before departure, except for express modification notified in writing by Bike Out before departure in accordance with the present.
These Special Conditions of Sale take effect from the date of their acceptance by the Rider in accordance with the terms of acceptance defined herein.
APPLICABLE LAW AND JURISDICTION
These Special Conditions of Sale as well as any dispute relating thereto to which Bike Out is a party, are subject to French law.
These Special Conditions of Sale are subject, as the case may be, to the regulations applicable in France in terms of consumption, in terms of tourism, or to contracts concluded remotely and on the Internet, and in particular to the provisions of the Consumer Code, of the Tourism Code, the Civil Code, Law No. 2004-575 for confidence in the digital economy of June 21, 2004 or the Code of Intellectual Property and Computing and Freedoms.
Any dispute relating to the present, as mentioned above, and in the absence of an amicable agreement between the Parties, falls in principle within the jurisdiction of the court of the domicile of the Rider, since the latter has the quality of consumer.
In accordance with the provisions of article L.1415 of the Consumer Code in France:
“The consumer can seize at his choice, in addition to one of the jurisdictions territorially competent under the Code of Civil Procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event”.
LANGUAGE OF CONTRACTUAL DOCUMENTS
All reservations made with Bike Out are made in French. However, the Conditions of Sale translated into English are also accessible to the Rider when booking.
VARIOUS
Interpretation. In the event of difficulty of interpretation between one or more titles and one or more stipulations herein, the titles will not be taken into account.
Partial invalidity. If one of the stipulations hereof turns out to be null or inapplicable, it would be considered as unwritten without the validity of the other stipulations hereof being called into question, provided however that the general economy of these presents does not is not significantly affected by the deletion of the stipulation concerned.
APPENDIX 1 – GENERAL CONDITIONS OF SALE
ARTICLES R.211-3 AND FOLLOWING OF THE TOURISM CODE
Article R2113 Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 2117, any offer and sale of travel or holiday services shall give rise to the delivery of appropriate documents which comply with the rules defined by this section.
In the event of the sale of air transport tickets or tickets on a regular line not accompanied by services linked to this transport, the seller shall deliver to the buyer one or more passenger tickets for the entire journey, issued by the carrier or under his responsibility. 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 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 R2113-1 The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 136911 of the Civil Code. The name or business name and address of the seller are mentioned as well as the indication of his registration in the register provided for in a of Article L. 141-3 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.
Article R211-4 Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other constituent elements of the services provided during the trip or stay, such as:
The destination, means, characteristics and categories of transport used;
The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
The catering services offered;
The description of the route when it is a circuit;
The administrative and health formalities to be completed 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, in particular, of crossing borders as well as their deadlines for completion;
Visits, excursions and other services included in the package or possibly available at an additional cost;
The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of 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 cannot be set less than twenty-one days before departure;
The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance;
The terms of price revision as provided for in the contract pursuant to Article R. 211-8;
Contractual cancellation conditions;
The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
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;
When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.
Article R211-5 The prior information given to the consumer binds the seller, unless therein, the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on which element.
In any case, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Article R211-6 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. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:
The name and address of the seller, its guarantor and its insurer as well as the name and address of the organiser;
The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates;
Means, characteristics and categories of transport used, 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 under the regulations or customs of the host country;
The catering services offered;
The itinerary when it is a circuit;
Visits, excursions or other services included in the total price of the trip or stay;
The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions of article R. 211-8;
The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding taxes at ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
The timing 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 trip or stay and must be made upon delivery of the documents allowing the trip or stay to be carried out;
The special conditions requested by the buyer and accepted by the seller;
The terms under which the buyer can submit a complaint to the seller for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the travel organizer and the service provider concerned;
The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;
Contractual cancellation conditions;
The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 21111;
Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller's professional civil liability;
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 those concerning the assistance contract covering certain specific risks, in particular the costs 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;
The deadline for informing the seller in the event of assignment of the contract by the buyer;
The commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
The name, address and telephone number of the seller's local representation or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the number call to establish urgent contact with the seller;
For travel and stays of minors abroad, a telephone number and an address enabling direct contact to be established with the child or the person in charge of their stay on site;
The termination clause and reimbursement 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;
The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Article R211-7 The purchaser may assign his contract to an assignee who fulfills the same conditions as him to carry out the trip or stay, as long as this contract has no effect.
Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject, under any circumstances, to prior authorization from the seller.
Article R211-8 When the contract includes an express possibility of price revision, within the limits provided for in Article L. 21112, it must mention the precise methods of calculating, both upwards and downwards, variations in price, and in particular the amount of transport costs and taxes relating thereto, 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 price of the currencies used as a reference when establishing the price appearing in the contract.
Article R2119 When, before the departure of the buyer, 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 disregards the obligation to inform mentioned in 13° of article R. 2114, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed by the seller by any means allowing him to obtain an acknowledgment of receipt:
Either terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid;
Either accept the modification or the replacement trip proposed by the seller; an addendum to the contract specifying the modifications made is then signed by the parties; any reduction in price 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 overpayment must be returned to him before the date of his departure.
Article R211-10 In the case provided for in article L. 21114, when, before 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 a acknowledgment of receipt; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty he would have borne if the cancellation had taken place by him on that date.
The provisions of this article do not in any way prevent the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a journey or alternative stay proposed by the seller.
Article R211-11 When, 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 honored by the buyer, the seller must immediately take the following provisions without prejudice to claims for compensation for any damages suffered:
Either offer services to replace the services provided by possibly supporting any additional price 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 these are refused by the purchaser for valid reasons, provide the purchaser, at no additional cost, with transport tickets to ensure his return under favorable 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. 2114.
APPENDIX 2 – RISK INFORMATION NOTICE
I declare on my honor that I have read the information notice on the risks provided below.
I declare :
Be of legal age and holder of a motorcycle license from my country of origin in good standing and an international motorcycle license if I am a motorcycle driver.
Be aware that motorcycling or cycling is a risky activity and that the possibility of a fall leading to serious consequences exists and assumes responsibility for it
Be aware that the state of the roads, traffic, practices of local users increase the risk of accident and assume responsibility for it
Be aware that the consumption of alcohol or drugs is strictly prohibited before practicing the motorcycle vis-à-vis the laws of the country visited as well as the rules of Bike Out
Accept the authority of the bike or motorcycle guide from Bike Out if my trip is accompanied. I will comply with the group driving rules.
Accept that the Bike Out motorcycle or bicycle guide may dismiss a participant in the event of non-compliance with group riding rules or consumption of alcohol or drugs, myself included
Accept the risks related to the distance from medical centers and local health conditions
Accept any decision made by the Bike Out motorcycle or bicycle guide to repatriate me in case of inability to reach the repatriation specialists of my insurance
Be physically fit to practice 6 hours of motorcycling or cycling per day (or more depending on the circuit selected) to complete each stage of the circuit even if it should in exceptional cases be longer than planned in the program
Have consulted a doctor and obtained his agreement for the practice of motorcycling or cycling as part of the chosen circuit
Agree to comply with the regulations, in particular the police or health formalities during the trip. In compliance with the highway code in the country visited, I undertake not to exceed under any circumstances the speed limits indicated on the roadway.
Accept that any abandonment or modification of the program on my part as well as the costs incurred for repatriation will be at my expense and must be paid as soon as possible
Accept that the responsibility of the Bike Out team cannot be engaged and that I cannot claim any compensation in the event of a traffic accident. Each driver/pilot is solely responsible for his safety
Agree to respect the rules and laws in force in the country visited (highway code, transport/transfer/use of illicit substances, etc.).
APPENDIX 3 – STANDARD WITHDRAWAL FORM
The consumer has the right to withdraw from this contract without giving any reason within fourteen calendar days. The right of withdrawal runs from (*).
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If the consumer does not receive this form, the withdrawal period runs from the moment the consumer receives the complete information, but expires in any case after one year and fourteen calendar days.
If the consumer does not receive all the required information, the withdrawal period runs from the moment the consumer receives the complete information, but expires in any case after three months and fourteen calendar days.
To exercise the right of withdrawal, the consumer notifies his decision to withdraw to the professional at the name and address indicated below using a "durable medium" (for example, written letter sent by post, e-mail). The consumer can, if he wishes, use this form.
If the consumer exercises the right of withdrawal, he is not required to pay any costs. In addition to the right of withdrawal, national contract laws may provide for rights for the consumer, for example the right to terminate the contract when certain information has not been provided.
At Bike Out, 53 rue du Président Kruger (Name and address of the company name) (*).
I/we (**) the undersigned notify my/our (**) withdrawal from the contract:
Contract concluded on (*):
Name of consumer(s) (***):
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Address(es) of consumer(s) (***):
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Signature of consumer(s) (***):
Date (***) :
(*) Field to be completed by the professional before giving the form to the consumer. (**) Delete as appropriate.
(***) Field to be completed by the consumer(s) when this form is used for the purpose of withdrawing from the contract.