Terms and Conditions of sales

The company "Le Vélo Voyageur SAS" is a travel agency, with a share capital of € 36 250. Headquarters: 26 Allée Jules Milhau, Bat Le triangle, 4 ème étage, 34000 Montpellier, registered under 529 884 116 R.C.S. Montpellier and under the travel agencies register Atout France N° IM094110013. VAT: FR64529884116. Le Vélo Voyageur is a member of APST, which provides his financial guarantee. Le Vélo Voyageur is covered by an insurance guaranteeing its professional liability with Hiscox (19, rue Louis le Grand, 75002 Paris).

ARTICLE 1: PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS

These terms and conditions govern the Vélo Voyageur's travel or accommodation sales according to the definition of the articles L.211-1 and R.211-1 of the Code of Tourism. The purchase of Le Vélo Voyageur's travels and accommodations leads to full acceptance without reservation from the customer to these terms and conditions, which are deemed to have been read and accepted.
The terms and conditions will evolve. Thus in case of conflict between the terms of sale contained in the brochure and those of the website, the latter shall prevail. It is up to each customer to check the terms and conditions edited on Le Vélo Voyageur website to be sure they match to the ones stated on the brochure.

The comprehensive list of services included in the journey will be stated on the order form. The name and address of local representative in the event of a trip abroad will also be notified.
The photos on the site and brochures are just some examples of accommodations of equal comfort. In case of contradiction between the terms and conditions and the contract, the terms of the contract shall prevail.

ARTICLE 2: ORDER PROCESS

The descriptions on Le Vélo Voyageur's website inform the customers, prior to their reservation, of the content of the included services, price, and terms of payment, also cancellation and amendment's conditions of the trip. Le Vélo Voyageur reserves the right to make changes to the information contained on the website and in its brochures, especially regarding the price and content of the trips in the conditions defined in this document.

You can register for trips with Le Vélo Voyageur by contacting one of our counsellors (by phone or mail) or via our website www.levelovoyageur.com using the reservation form.

The registration process goes as follows:
- You select the travel(s) of your choice ;
- You fill out the registration form, on the website or accept by return mail the registration pre-filled by the your counsellor.
If the selected journey and its options are available, the registration definitely commits the client, who can cancel the contract under the conditions of section 5 below. The contract will be issued in 2 copies, signed by both parties and one of which will be sent to the buyer.
If the selected journey and its options are not available, Le Vélo Voyageur informs the client about the alternatives. The acceptance of the modification by return mail validates the registration. If the client doesn't accept the proposed amendments, the contract is cancelled and any deposit payment is fully refunded to the customer.

ARTICLE 3: PRICE

3.1. The price includes
The journey's descriptions mention what is included in the price and what is not in each category.

The different categories for each journey are exposed in the trip description. The pictures shown for each category of accommodation on Le Vélo Voyageur website are just examples of accommodations of equal comfort and do not commit Le Vélo Voyageur responsibility. As a matter of fact, Le Vélo Voyageur is a go-between and only presents the different categories of accommodation: the pictures are presented only as an indication.

Unless otherwise stated the basic package does not include transport to the starting point, supplements, drinks, lunches, personal expenses, additional activities, the cost of vaccines, visas and any service not specified in the description. The price might change during the year but the price mentioned on the website at the time of registration is the effective price.
Unless otherwise mentioned in the price breakdown, the package price doesn't include the file charges, tickets, hotels' tourist tax, extras, drinks, expenses only payable on the spot, shows, excursions, vaccines, visas, etc and also any services not clearly mentioned in the package price.
The interruption of the holiday by the customer or his release of certain services listed on the purchase order cannot lead to any refund or credit.

3.2. Payment terms
• More than 30 days from the date of departure, at the time of registration, 30% down payment of the total amount. The travel insurance premium proposed by Le Vélo Voyageur, when agreed, is payable in full at the time of registration.
• Less than 30 days from the date of departure, payment of the full and final payment or of the balance due.

3.3. Failure to make the full and final payment
The absence of the full and final payment within 15 days will mean the termination of the contract, all charges being on the customer account, without prejudice to further any legal action against the client. Besides, Le Vélo Voyageur will not be required to maintain the availability of the holiday.

3.4. Methods of payment

ARTICLE 5: ADMINISTRATIVE AND SANITARY FORMALITIES

Some administrative and sanitary formalities required for the trip are available on the Site. This is the customer responsibility to get informed of the required formalities, to apply and possibly to pay the charges.
Before you register to start your trip, you must ensure that you are in possession of a passport or other document, valid and consistent with the transit and/or entry requirements of the country (ies) of the trip. We draw your attention on the fact that some countries require a pass validity of more than 6 months after the return date.

The non-EU nationals must prior to registration obtain on the required administrative and sanitary formalities (visas, vaccines...) the required information from the competent embassies and consulates.

The consequences of non-compliance of police, customs or health regulations by the traveller as to be unable to start the trip at the scheduled date are under the customer responsibility. In case the traveller do not comply to the required regulations or his passage is refused at the customs, Le Vélo Voyageur can't be held responsible for any consequences and is not required to refund the paid sums.

ARTICLE 6: CESSION, MODIFICATION OR CANCELLATION OF THE CONTRACT

The buyer is informed that, in appliance with the article L.121-20-4 of the Consumer Code, the services provided by Le Vélo Voyageur and/or in behalf of its Partners on its website are not under the right to withdraw mentioned in the articles L121-20 and the following ones of the Consumer Code chapter web selling. Consequently, any services ordered on the website are exclusively ruled by the cancellation and modification conditions below.

6.1. Modification or cancellation by the client
Any request for cancellation or change must be sent by registered mail or e-mail with acknowledgement of receipt. The date of reception of the request will be retained for the calculation of the fees. In case of cancellation you must inform the insurance company by registered letter with acknowledgement of receipt. The insurance company will evaluate your request based on the documents you provide directly, the date and the circumstances that led to your cancellation.

From 7 to 4 working days before departure, any change requested for any services during the trip will be charged 15% of the total price of the trip (with a minimum of € 100 / trip) if le Velo Voyageur is able to meet this demand.

Any change requested within 3 working days before departure will be considered as a cancellation by the customer and will need a new registration. Any change related to the air or ground transportation or any change in the customers' name including spelling, after printing of the tickets (train, airlines, etc...) mentioned less than 30 days from departure date will be considered as a cancellation by the customer and will need a new registration.
Cancellation fees will then apply as follows.

Any cancellation or partial cancellation from the client will generate the following cancellation fees:

• More than 30 days before departure date: 10% of the total price (insurance excluded).
• 30 to 15 days before departure date = 25% of the total price (insurance excluded).
• 14 to 8 days before departure date = 50% of the total price (insurance excluded).
• 7 to 3 days of departure date = 75% of the total price (insurance excluded).
  
• Within 3 days of departure and after the date of departure = 100% of the total.

If you arrive late at the starting places mentioned in your road book (or daily sheets), Le Vélo Voyageur will make every effort to find alternatives, but in under no circumstances will be liable for not having fulfilled the expected services.
The cost of these changes (transfer by taxi, and other charges) will be at your expenses and to be paid on the spot to our partners.
If the customer is not at the departure place of the trip, on the day and time mentioned in its road book (or daily sheets) or if he cannot take part of the trip for any reason, the journey will not be refund and the cancellation fees as specified above will be due to le Vélo Voyageur.

6.2. Partial cancellation or transfer of the contract
If one or more travellers, registered on the same registration form cancels before the departure date, the trip can be maintained but any extra costs generated by the cancellation of the traveller will be at the charge of the other participants and will have to be paid to le Vélo Voyageur before departure.
The remaining participants will be notified of the grounds and amounts of these charges. In accordance with Article R211-7 of the French Tourism Code you can be replaced free of charge provided that named tickets have not been edited yet. You must inform le Vélo Voyageur by mail or e-mail at the least 7 days before the start of the trip. In the case named tickets has already been edited, the conditions mentioned in section 6.1 apply.

6.3. Special payment agreement for groups (equal or more than 15 persons) (without transportation charges to the starting point)

• More than 60 days from the date of departure, at the time of registration, 30% down payment of the total amount. The travel insurance premium proposed by le Vélo Voyageur, when agreed, is payable in full at the time of registration
• Less than 60 days from the date of departure, payment of the full amount or of the balance due.

6.4. Cancellation's special agreement for groups (equal or more than 15 persons) (without transportation charges to the starting point and insurance premiums)
Any cancellation or partial cancellation of a booking on the part of the client will generate the following cancellation fees:

• More than 60 days before departure date: no charges.
• 60 to 30 days before departure date = 25% of the total price.
• 29 to 15 days before departure date = 50% of the total price.
• 14 to 7 days of departure date = 75% of the total price.
• Within 7 days of departure and after the departure date = 100% of the total.

6.5. Modification on the part of Le Vélo Voyageur

Before the departure

If prior to departure, le Vélo Voyageur is forced to make a significant change in the services included in the trip, le Vélo Voyageur will notify the customer as soon as possible by any means that allows proof of receipt.
Further to this notification, you can:
- either cancel the contract and obtain a full refund of all paid amounts with no claim to damages.
- either accept the amendment proposed by le Vélo Voyageur. In that case a new purchase order will be established with the changes. In the case of a price decrease, the overpayment will be repaid before the departure date.
The client must inform of its decision (acceptance of the modification or cancellation) within 7 days of being so notified. The lack of reply within this time period shall be understood as acceptance of the proposed amendment.

If le Vélo Voyageur decides to cancel the trip before departure, le Vélo Voyageur will notify you as soon as possible by any means that allows proof of receipt. If the parties fail to reach an agreement on a trip alternative, le Vélo Voyageur will reimburse the client for all amounts paid and will pay compensation at least equal to the fee that the client would have paid if the cancellation was of its own act at that time.

After departure

If after departure le Vélo Voyageur is forced to make significant changes in the services included in the trip, representing a significant percentage of the price, Velo Voyageur will make every effort to replace them by equivalent services. If these solutions are of inferior quality, le Vélo Voyageur will reimburse the customer for the price difference.
If le Vélo Voyageur can offer no alternative or if you refuse them for valid reasons, le Vélo Voyageur commits itself to bring the traveller(s) back to the starting or arrival point of the trip or any other place agreed upon by le Vélo Voyageur and the traveller(s). This clause does not apply in the cases described in Article 8.

ARTICLE 7: SAFETY RULES APPLICABLE TO THE PRACTICE OF BIKING

The Vélo Voyageur customer agrees on the following:
- To know how to ride a bicycle and to have no medical contraindication
- To always obey the security rules prescribed in the Traffic rules, especially to wear a bike helmet which is compulsory
Le Vélo Voyageur commits itself with its partners to organize the security of the customers at the upmost. So le Vélo Voyageur will have the ability to:
- Modify at the last minute the itinerary to ensure the safety of the customers
- Refuse the participation of a customer having been judged unfit to biking activities
In any case, le Vélo Voyageur will not be responsible for non-fulfilment due to the weather or any case of force majeure, or due to non respect of the security rules on part of the customer.

ARTICLE 8: RESPONSABILITY

In no event shall le Vélo Voyageur be liable for damages arising from cases of force majeure and of exceptional circumstances, for acts of a third party not normally involved in providing services stipulated in the contract or for the total non-performance or poor performance of the contract for any reason when the client is responsible.
Le Vélo Voyageur shall not be liable for the performance of the services purchased locally by the client and not provided with the description, or the transfer to and from the starting and arrival place of the trip.
Le Vélo Voyageur shall not be liable for any delays, changes of schedules or routes of the carrier, train or airlines, the customer decides to use before, after or during the trip. Under such conditions, the eventual delay will not lead to any compensation payable by Le Vélo Voyageur

ARTICLE 8: INSURANCE

The customer has the possibility to subscribe to one of two forms of insurance, in partnership with Axa Assistance. We recommend that you check first with your personal insurance the extension of your coverage.
The general and special conditions of insurance are available under the category "price" of each travel or on request. We recommend that they are read carefully. If the client wants to claim on insurance, it is its responsibility before, during or after the trip to personally contact Axa Assistance or any other company that guarantees the trip. In the provided insurance, the insurance premium, visa fees, registration fees and cancellation fees more than 60 days prior to departure date are not refundable by either le Vélo Voyageur or the insurance company.
The cancellation insurance reimburse for 24 cases: sickness, accident, loss of job, notification to attend an exam, modification or cancellation of holidays...
The multi-risk insurance includes the cancellation insurance when the journeys do not exceed 90 days. The customer and his/her family is covered for the whole time of the journey. The contract covers the following guaranties during the trip.
- Repatriation assistance 24h/24 and 7days/7
- Medical expenses up to (up to €150 000)
- Luggage insurance
- Plane delay
- Civil responsibility abroad
- Cancellation insurance before departure
- Stay termination
- Accident compensation

ARTICLE 9: MATERIAL INJURY

The customer is fully responsible for the condition of the rented bike at the end of the trip. He agrees to take over the repairs of the damage it could have caused. It will be, therefore, his responsibility to prove that he brings the bike in the same state he took it or that the damages are not by his/her own act. Samewise he agrees to take over the costs caused by the theft or lost of the rented bike and its equipment.
Le Vélo voyageur cannot be held responsible for a puncture or its repair. Le Vélo voyageur is committed to working with bike rental companies who provide a repair kit so that customers can repair a puncture independently.

ARTICLE 10: WITHDRAWALS AND CLAIMS

10.1. Rights of withdrawal
In accordance with Article L121-20-4 of the Consummation Code the customer does not have a right to withdrawal once the subscription has been validated on the website or by return e-mail.

10.2. Claims
Any failure in the performance of the contract must be recorded on site, reported as soon as possible and justified in writing by the customer. The claim cannot be subjective, but will focus exclusively on the contractual elements of the trip.
Any complaint must be sent as soon as possible by any means that allows proof of receipt within a month after the return date at the following address: Le Vélo Voyageur, 26 allée Jules Milhau, 34000 Montpellier. The response time is 4 weeks.

ARTICLE 11 : PERSONAL INFORMATION

Le Vélo Voyageur collects personal information while respecting the French law of January, 6th, 1978 on computers, files and freedom, of personal data as part of a registration. The collection of this data allows le Vélo Voyageur to manage customer requests and ensure the fulfilment of contracts. Le Vélo Voyageur may, for the purpose of the trip, be required to communicate its data to its providers (hotels, airlines ...) some of which are located outside the EU. Customers have a right to access, modify, correct or delete his/her personal data (art. 38 and following. of the amended French Law of January, 8 1978) that Le Vélo Voyageur has collected.
To exercise your rights, please contact Le Vélo Voyageur by post at 26 allée Jules Milhau, 34000 Montpellier or by email at bonjour@levelovoyageur.com

Extracts of the Code of Tourism

Article R211-3: Modified by Decree N° 2009-1650-December 23rd, 2009-art1
Except the exclusions stated in chapters 3 and 4 in article L.211-7, any proposal or sale of travel services or journeys are followed by the issuing of proper documentation as ruled in the present chapter; In case of selling only airplane tickets or tickets on regularly lines without any extra services, the seller delivers to the buyer one or more tickets to cover the entire trip, issued by the line and under his responsibility. In case of transportation on demand, the name and address of the line must be mentioned. The separated billing of the different services from the same package doesn't shirk the seller from the obligations specified in this chapter.

Article R211-3-1: Signed by Decree N° 2009-1650-December 23rd, 2009-art1
The information of the pre-contract data or the display of contract conditions must be in writing. They can be by internet as specified in articles 1369-1 to 1369-11 of the Civil Code. Are mentioned the name and address of the seller as well as the registration number specified in (a) in article L.141-3 or the name, address and registration number to the union mentioned on line 2 of article R.211-2.

Article R211-4: Signed by Decree N° 2009-1650-December 23rd, 2009-art1
Before signing the contract, the seller must inform the buyer of the prices, the dates and all other constituent elements of the services provided on the trip or journey such as:
1/ the destination, the means, characteristics and categories of transportation used;
2/ the accommodation, its location, level of comfort and main characteristics, and its tourism classification corresponding to the regulations or practices of the destination country;
3/ the catering services proposed;
4/ the itinerary in the case of a tour;
5/ the administrative and sanitary formalities required for the national or U.E citizens or coming from a country who has an agreement with the U.E, in particular , regarding crossing the border and the delay to have these formalities done;
6/ the visits, excursions or other services included in the total price of the journey or the holiday or possible to order with extra costs;
7/ the minimum and maximum size of a group necessary to organise the trip or journey and if the accomplishment of it depends on the number of participants, the latest date to inform the customer in case of trip or journey cancellation : this deadline cannot be more than 21 days before departure;
8/ the amount or percentage of the price to be paid as down payment when the contract is signed and the date to pay the balance;
9/the clauses of any revision of the prices as specified in the contract of article R211-8;
10/ the conditions for cancelling the contract; 11/ the conditions for cancelling as per the article R.211-9, R.211-10 and R.211-11;
12/ the information regarding subscribing an optional insurance policy covering the consequences of certain cases of cancellation or assistance covering certain specific risks, such as repatriation in the event of accident or illness;
13/ when the contract includes airway transportation, the information for each part of the flight described in article R.211-15 to R.211-18.

Article R211-5: Modified by Decree N° 2009-1650-December 23rd, 2009-art1
The preliminary information presented to the consumer involves the seller, except if in it he, expressively, express the right to modification. In that case the seller must clearly mention how much and on what subjects are the possible modifications. In any case, the modifications to the basic information must be communicated to the buyer before signing the contract.

Article R211-6: Modified by Decree N°2009-1650-December 23rd,2009
The contract between the buyer and the seller must be in writing , in 2 copies, one for the buyer and signed by both parties. When the contract is set by internet, the articles 1369-1 to 1369-11 apply.
The contract must include:
1/ the seller's name and address, its guaranty, insurance company and the name and address of the tour operator
2/ the destination (s) of the trip and in case of partial journeys, the different periods with dates
3/ the means of transport and the characteristics and categories of transport used, dates and places of departure and return
4/ the accommodation, its location, level of comfort and main characteristics, its certification and tourism classification corresponding to the regulations or practices of the destination country
5/ Meals provided
6/ a description of the itinerary in the case of a tour
7/ the visits, excursions and other services included in the package
8/ the total price of the services billed and the information of any possible revision as per the article R.211-8
9/ the information, when applies, on fees, taxes related to services such as airport taxes, boarding, landing in the ports or airports, tourist taxes when they are not included in the package price
10/ the amount or percentage of the price payable as a deposit on signing the contract, and the date scheduled for the payment of the balance. The last payment by the buyer cannot be less than 30% of the price of the journey and must be completed before receiving the information and vouchers covering the trip
11/ the special agreements between buyer and seller
12/ the ways for the buyer to claim to the seller for none or poor performance of the contract, the claim must be made to the seller as soon as possible, by any means providing an acknowledgement of receipt, or notified in writing to the tour operator or the service provider
13/ the deadline to inform the buyer of the cancellation of a trip by the seller in case of the necessity of a minimum participant to organise the trip follows the part 7 of Article R.211-4
14/ the contractual cancellation conditions
15/ the cancellation conditions stated in the articles R.211-9, R.211-10 & R.211-11
16/ the details of the risks covered and the amounts guaranteed under the insurance policy covering professional civil liability in the case of travel agencies
17/ the information about the option of taking out insurance to cover the consequences of certain cases of cancellation (insurance company name and contract number) or certain specific risks such as repatriation expenses in the event of accident or illness; in that case, the seller must provide the information of the covered risks and the ones not covered
18/ the latest date required by the seller to be informed of a transfer of contract by the buyer
19/ the commitment to give to the buyer, at least 10 days prior to the departure date, the following information: a) The name, address and telephone number of the seller local agent, or when not available, name, address and telephone number of any local organisations able to help out the buyer in case of difficulty, or at least, the hotline number of the seller b) Regarding the trips and journeys of underage customers abroad, a telephone number and an address allowing a direct contact with the child or with the person in charge during his/her trip
20/ the conditions of cancellation and reimbursement without cancellation fees of the down payment in case of lack to inform as planed in N° 13 of the article R.211-4
21/ the commitment to provide to the buyer, in due time, before the beginning of the trip, the time of departure and arrival. Article R211-7: Modified by Decree N°2009-1650-December 23rd, 2009-art.1 The buyer may transfer his/her contract to a party who fulfil the same conditions to register to the trip, as far as this trip did not start yet. Except condition more favourable to the transferor, the latter must inform the seller by any means providing acknowledge of receipt at the latest seven days prior to the beginning of the trip. When applying to a cruise, this delay is fifteen days. The transfer does not need, in any case, a preliminary seller agreement.

Article R211-8: Modified by Decree N°2009-1650-December 23rd, 2009-art.1
When the contract provides explicitly for the possibility of price revision, within the limits defined in article L.211-12, it must state the precise calculation methods for variations in price, either upwards or downwards, in particular the amounts of transport fees and associated taxes, the currency or currencies which could affect the price of the trip or journey , the element of the price subject to variation, and the rate of the currency or currencies used as a reference when calculating the price given in the contract.

Article R211-9: Modified by Decree N°2009-1650-December 23rd, 2009-art.1
If the vendor is obliged to make a change to one of the essential elements of the contract, such as a significant price rise, before the buyer's departure, and doesn't inform as mentioned in the artcle R.211-4 chapter 13° the buyer may, without affecting any claims for compensation to cover any losses incurred, and after being informed by the vendor by registered letter with acknowledgement of receipt:
• either cancel the contract and obtain full and immediate reimbursement of any sums paid
• or accept the modification or the replacement trip offered by the vendor: an amendment to the contract specifying the changes made is then signed by both parties: any reduction in price is deducted from the sums still payable by the buyer, and if the payments already made by the buyer exceed the modified price for the service the excess must be repaid to the buyer before the date of his or her departure.

Article R211-10: Modified by Decree N°2009-1650-December 23rd, 2009-art.1
In the case provided for in article L.211-15, when the vendor cancels the trip or the journey before the buyer's departure, the vendor must inform the buyer by any mean providing an acknowledgement of receipt; the buyer, without affecting any claims for compensation to cover any losses incurred obtains from the vendor the full and immediate reimbursement of any sums paid; in this case, the buyer receives compensation at least equal to the penalty he or she would have had to pay if the cancellation had come from him or her on the same date. The provisions of this article in no way constitute a barrier to the reaching of a mutual agreement under which the buyer accepts a replacement trip or journey offered by the vendor.

Article R211-11: If, after the buyer's departure, the vendor finds it impossible to provide a significant part of the services agreed in the contract, representing a non-negligible percentage of the price paid by the buyer, the vendor must immediately take the following steps, without affecting any claim for compensation to cover any losses incurred:
• either offer new services to replace the planned services, the vendor bearing any extra cost involved, and if the services accepted by the buyer are of lesser quality, the vendor must reimburse the difference in price as soon as the buyer returns.
• or, if the vendor cannot offer replacement services or if such services are refused by the buyer for valid reasons, the vendor must supply to the buyer, at no extra cost, travel tickets for the buyer's return to the departure point or to another place accepted by both parties, under conditions that can be considered equivalent. The clauses of this article are applicable when the obligation mentioned in the article R.211-4 chapter 13 is not respected.