TERMS OF SERVICE
Last updated on January 6, 2022
SUMMARY
PREAMBLE – INFORMATION RELATING TO THE COMPANY
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EXPRESS ACCEPTANCE OF THE TOS
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CONDITIONS OF ACCESS – MINORS
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RESERVATION ON THE SITE
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PRICE DISPLAY
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USER OBLIGATIONS
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INTELLECTUAL PROPERTY
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REMOVAL OF INAPPROPRIATE OR ILLEGAL CONTENT
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PROTECTION OF PERSONAL DATA
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COOKIES
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NEWSLETTERS
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LIABILITY AND WARRANTY
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FORCE MAJOR
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APPLICABLE LAW AND JURISDICTION
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CONTACT
PREAMBLE – INFORMATION RELATING TO THE COMPANY
Use of the website www.bike-out.com (hereinafter referred to as the "Site") by the company Bike Out is governed by these general conditions of use (hereinafter referred to as the "General Conditions of Use" or "CGU ").
We recommend that you read the General Conditions of Use carefully before using the Site or the services offered on the Site.
Use of the Site implies acceptance of the General Conditions of Use. If you do not agree with the content herein, please stop using the Site.
The Site is published by the company Bike-Out, SARL with a share capital of 7500 euros, registered with the RCS of Lyon under number 921 839 205, whose registered office is located at 53 rue du Président Kruger 69008 LYON (hereinafter referred to as " Bike Out”).
The Site is hosted by the companyWix Summer,
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Wix Online Platform Limited
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Address: 1 Grant's Row, Dublin 2 D02HX96, Ireland.
The publication director of the Site is Mr. Guillaume ESCOT.
Bike Out is a vtrips whose activity is subject to the provisions of articles L211-1 et seq. of the Tourism Code. His heartr of acactivity ist to offer tourist programs tobicycle or at motorbike.
As part of his actiQuickly and in order to offer a wide range of services, Bike Out benefits from partnerships with local receptive tourist operators.
Bike Out is registered in the register of travel and holiday operators of Atout France, an economic interest group whose head office is located at 200-216 rue Raymond Losserand, CS 60043, 75680 Paris Cedex 14, under numberTO BE COMPLETED
In accordance with the provisions of article L211-18 of the Tourism Code, Bike Out (i) benefits from a financial guarantee with the APST, whose head office is located at 15 avenue Carnot – 75017 Paris, (ii) is insured with Hiscox SA, whose head office is located at 38 avenue de l'Opéra – 75002 Paris, under contract no.FILL, under the Professional Civil Liability Insurance, and (iii) fulfills the conditions of professional aptitude required by this article for the purpose of exercising it in France.
1. OBJECT
The purpose of the T&Cs is to define the rights and obligations of users of the Site (hereinafter referred to as "Users") when consulting and using the latter.st.
Users of the Site acknowledge that the consultation and use of the Site are governed exclusively by the T&Cs and that they must comply with them.
The Site offers a reservation service (hereinafter referred to as the "Service") for tourist programs by bicycle and motorbike in various regions of Europe (hereinafter referred to as the "Tourist Services"), the formulas of which are detailed on the Site. .
2. EXPRESS ACCEPTANCE OF THE TOS
Any use of the Site and the Service implies consultation and express acceptance of the T&Cs by the User. By using the Sitewww.bike-out.com, you acknowledge having read, understood and unreservedly accepted these General Terms and Conditions of Use. Similarly, using Site www.bike-out.com, you acknowledge the confidentiality clauses of the Site www.bike-out.com (see “Privacy Policy”).
The applicable T&Cs are those in force on the day of navigation on the Site and/or on the day of use of the Reservation Service on the Site.
Bike Out may modify the T&Cs at any time, subject to informing the Users as soon as they come into force by e-mail and/or by publishing the modification on the Site.
Bike Out will update the T&Cs by indicating the date of the last update at the top of these T&Cs. Any User who continues to access or use the Site and/or the Service offered on the Site and does not refuse the modifications after these have been published on the Site or notified by e-mail, confirms that they agree with the new T&Cs and accept them without reservation.
If you do not agree with the T&Cs in force, you are not entitled to actransfer or use the Site and you must cease using the Site.
3. CONDITIONS OF ACCESS – MINORS
3.1. Access to the Site and its consultation by minors (under the age of eighteen (18)) are under the control and sole responsibility of their parents or any person who would be responsible for it before the law.
When browsing the Site, may access and use the Service, exclusively Users natural persons over the age of eighteen (18), subject to acceptance of these T&Cs, and in the event of reservation, Bike Out's conditions of sale (hereinafter referred to as the "Conditions of Sale"), made up of the special conditions of sale andt the general conditions of sale, and any specific conditions indicated in the registration form. Use of the Service by any minor (as defined above) is strictly prohibited. By using the Service set up byr Bike Out on the Site, you warrant that you are eighteen (18) years of age or older.
3.2. Access to the site is free. However, when the User wishes to make an online reservation, he undertakes to pay Bike Out the price including tax corresponding to the chosen Tourist Service, or the amount corresponding to the deposit, in accordance with the Conditions of Sale. .
4. RESERVATION ON THE SITE
With a view to booking a Tourist Service on the Site, the User may request a quote online, by filling in the corresponding form on the Site (tab "Request your quote"), then follow the instructions given to him after having been contacted by Bike Out.
Without prejudice to the application of these T&Cs, the reservation of a Tourist Service on the Site is exclusively governed by the Conditions of Sale as well as any other specific conditions appearing in the registration form for each Tourist Service.
In order to know the reservation conditions for Bike Out Tourist Services, the User must refer to the Conditions of Sale, which can be consulted at the following address: https://editor.wix.com/html/editor/web/renderer/edit/484c7d85-542c-4764-9f7a-b2b74b42ac7b?metaSiteId=e05a83bd-4eac-4c60-b65a-abd9b236daa3
5. PRICE DISPLAY
The prices displayed on the Site are mentioned in euros and include all taxes (TTC).
These prices are displayed for information only. They remain subject to change or modification by Bike Out, under the conditions provided for in the Conditions of Sale.
The price applicable to the reservation of a Tourist Service is the price inclusive of VAT indicated on the registration form sent to the user as well as on the summary page of the reservation, before validation of the online payment page.
The mention of the price including VAT on the registration form is without prejudice to any costs or additional costs that may be charged to the User, under the selection of options or any additional or subsequent reservation than this. this would have to make, or because of external circumstances having the consequence of modifying the price of the reservation, in accordance with the Conditions of Sale.
To find out the conditions of online payment, please refer to the Conditions of Sale, at the internet address referred to in the previous article.
6. OBLIGATIONS OF USERS
In accordance with article 2 hereof, Users undertake to accept these T&Cs and guarantee their respect in their entirety in the context of their use of the Site and/or the Service, as well as the rights of third parties.
In the event of a reservation, they undertake to pay the deposit and/or the remaining balance, in accordance with the instructions of Bike Out and the Conditions of Sale.
When required on the Site, Users are required to provide personal information concerning them (surname, first name, e-mail address, postal address, etc.) that is true, valid and current, and update them spontaneously with Bike Out. when necessary, and as soon as possible.
Users are solely responsible for the information provided by them.
Any delivery of false information or any failure to update the information referred to in this article is likely to engage the responsibility of the User, in accordance with the laws and regulations in France.
Any lack of truthful, valid and current information, or updating of this information by the User, which would have the consequence that the security conditions for participation in the selected Tourist Service are not actually met, entails the automatic cancellation of the User's reservation, at his own expense (eg: canceled driving licence, absence of a motorcycle license or corresponding to the rented cubic capacity, etc.). When using the Site and/or the Service on the Site, and generally in the context of its relations with Bike Out, the User undertakes not to infringe the rights of third parties. Bike Out cannot be held responsible for any breach by the User of these terms and conditions, in particular in the event of infringement of the rights of third parties as a result.
Bike Out reserves the right to take any measure to remedy non-compliance with the T&Cs by Users.
7. INTELLECTUAL PROPERTY
Bike Out is the holder of the Bike-Out domain name corresponding to the Site.
The Site is an intellectual work protected by French law and by the Intellectual Property Code. The Site as a whole, as well as all elements of the Site, whether visual or audio, including the technology underlying it, are protected (as the case may be) by copyright, trademarks or patents or even by the sui generis right of database producers (no total or partial extraction is authorized).
All of the aforementioned elements are the exclusive property of Bike Out, which is the sole holder of the related intellectual property rights.
The right to use the Site, granted to the User hereby, can in no way be analyzed as conferring any right of ownership on the Site or on any of its constituent elements.
Apart from the strict use of the Site for the purposes of navigation on the Site or use of the Service on the Site, the User is not authorized to use the Site in whole or in part, for any other purpose whatsoever.
Any use of any component or part of the Site, trademarks or logos belonging to Bike Out, or any exploitation of its intellectual property rights, which is not expressly authorized herein, is strictly prohibited for the User.
The User is not authorized to modify, copy, distribute, frame, reproduce, republish, download, display, put online, transmit or create works derived from the elements contained on the Site or to distribute or communicate them to third parties. (in particular on or by means of a third-party website) or to use them by any other means, except with the express, written and prior agreement of Bike Out.
Any hypertext link referring to the Site and using the technique of "framing" or "in-line linking" or any other technique of reference to the Site is in principle formally prohibited.
The User who wishes to place on a third-party website (belonging to him or not) any link to a page of the Site, must request express, written and prior authorization from Bike Out.
Any link to the Site set up by a User, even with the authorization of Bike Out, must imperatively be removed at the latter's simple request as soon as possible.
Bike Out has no control over the content and links published on third-party websites and declines all responsibility – including editorial – for the use or content of any website on which a link to the Site appears or which link to the Site in any way.
8. REMOVAL OF INAPPROPRIATE OR ILLEGAL CONTENT
Bike Out undertakes to remove any manifestly illegal content that would be validly notified to it in accordance with the following provisions of article 6.I.5. of law no. 2004-575 of June 21, 2004 on confidence in the digital economy.
In addition, Bike Out reserves the right to remove as a preventive measure any content that may be considered illegal or inappropriate on the Site.
9. PERSONAL DATA
In accordance with the provisions of the Data Protection Act, Bike Out undertakes to respect the personal data of users of the Site (hereinafter referred to as "Users"), in the context of the request for a quote, the reservation and the participation in Tourist Services, or during any exchange with them in the context of his professional activity.
The personal data of a User is the information which makes it possible to identify him directly or indirectly, within the meaning of article 2 of the Data Protection Act.
Users are required to provide this type of information (surname, first name, email or postal address, etc.) voluntarily when requesting an online quote and, where applicable, when making a reservation with Bike Out..
The personal data collected by Biek Out may be used by it, by its employees or by its service providers for the purpose of providing tourist services to Users as part of its activity, and in particular for the purpose of processing reservations made. with Bike Out or to respond to any request or question concerning the Site or the services offered as part of the tourist services.
Users are informed that Bike Out is likely to communicate their personal data to third parties, subject to the express and prior consent of the user concerned or any competent public authority as soon as the laws and regulations require it.
Users' personal data will be kept by Bike Out in a strictly confidential manner and may only be used for the purposes for which they were collected and for purposes to which the Users concerned have expressly consented, in compliance with the provisions of the Data Protection Act.
For any other use of Users' personal data, for purposes other than those mentioned above, Bike Out undertakes to obtain the prior consent of the Users concerned in accordance with the provisions of the Data Protection Act.
In accordance with the provisions of articles 38 and following of the Data Protection Act, any User has a right of opposition, access, rectification or deletion of his personal data, which he is free to exercise by contacting Biek Out at the contact address given herein.
10. COOKIES
Cookies are data that a website transfers to the User's hard drive for archiving purposes (login cookies). The Site www.bike-out.com uses "cookies" to (i) improve the functionality of the said Site (for example: setting up a user session) and (ii) to compile data feeds. These cookies can be initiated by Bike Out or by a third party. Bike Out may use information from "cookies" for the purpose of analyzing data flows and ensuring maintenance on the site. You have different options for managing “cookies” on your computer. Major Internet browsers allow you to block or delete “cookies” from your system. To find out more about the management of “cookies”, you must consult the privacy rules and the conditions of use of your internet browser. This Site uses "Google Analytics", an audience analysis solution provided by Google. “Google Analytics” uses “cookies” in the form of text files located on your computer which allow the analysis of the use of the site by Internet users.
11. NEWSLETTERS
The newsletter is an information letter sent to the User. It features the latest information from Bike Out. It may also contain information about Bike Out activities. The Bike Out newsletter service is completely free. Any decision taken by Bike Out which would be likely to have an effect on the freeness of said newsletters would entail direct and prior information of the User subscribed to this service, and this so that the latter gives his consent as to the subscription to a service. paid newsletter.
The subscription procedure consists of filling in the mandatory fields of an identification form, one of the fields relating to the newsletter, which must be validated, to start the subscription. Validation of the subscription form as a whole entails full acceptance by the User of the T&Cs. Newsletters are automatically sent to subscribed Users. The sending is made through the e-mail address provided by the subscribed User.
The content of the newsletters is provided by Bike Out. Bike Out cannot be held responsible for the direct or indirect consequences linked to the use of newsletters by subscribed Users. The newsletters are in fact distributed for information purposes and cannot be used for the purpose of advice. Each User subscribed to the Vintage Rides newsletter has the option of unsubscribing. The subscribed user can thus unsubscribe at any time, either by clicking on the unsubscribe link appearing in the newsletter he received by email, or by sending an e-mail toteam@bike-out.com indicating that he wishes to unsubscribe.
12. LIABILITY AND WARRANTY
Bike Out makes its best efforts to:
(i) Ensure the proper functioning of the Site and the Service;
(ii) Protect the personal data of Users that it hascollected, against any damage, loss, alteration, destruction, misappropriation, intrusion into data systems or any use of this data by unauthorized third parties.
However, Bike Out cannot guarantee the control of any risk inherent in the internet medium and the latter cannot be held liable for any incident or damage inherent in the use of the internet network, in particular any interruption of the Service, intrusion external or presence of computer viruses, or due to the occurrence of any event of force majeure within the meaning of these presents.
Similarly, Bike Out cannot be held liable for the use of the Site or the Service by the Users, in particular due to the simple publication of any illicit content on the Site or in the event of infringement of the rights of third parties due to Users.
The contractual liability of Bike Out for the services provided following a reservation by a User is exclusively governed by the Conditions of Sale and the specific conditions in the registration form, if any, to which the User must therefore report to.
13. FORCE MAJEURE
Bike Out will not be liable for the total or partial non-performance of its obligations if this non-performance is caused by an event constituting force majeure.
Is considered as an event of force majeure any event fulfilling the criteria for assessing force majeure as defined by article 1218 of the Civil Code.
14. APPLICABLE LAW AND JURISDICTION
These T&Cs as well as any dispute relating thereto or relating to the use of the Site and/or the Service, in particular any transaction carried out on the Site, to which Biek Out serait part, are subject to French law.
These Terms are subject to the regulations applicable in France in terms of consumption, tourism, or contracts concluded remotely and on the Internet, and in particular the provisions of the Consumer Code, the Tourism Code, the Civil Code , of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy or of the Code of the intellectual property and the Data-processing law and Freedoms.
Any dispute relating to the present, the use of the Site and/or the Service, as referred to 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 User as soon as this one has the quality of consumer.
In accordance with the provisions of article R631-3 of the Consumer Code:
“The consumer may seize either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event. »
15. CONTACT
For any question, request or complaint relating to the Site or the service offered on the Site, the User may contact Bike Out atthe following address: team@bike-out.com or at: BIKE OUT 53 rue du president Kruger, 69008 LYON, FRANCE