GENERAL AND SPECIAL CONDITIONS OF SALE
“Sur les Routes de l’Ardéchoise” offers stays where the main activity is cycling. This concept is organised by the association “Sur les Routes de l’Ardéchoise” on the trips and variants invented by the “Ardéchoise Cyclo Promotion” (more commonly known as “L’Ardéchoise”), with the exception of the week in which the cycling race takes place – generally the third week in June each year.
The roads used by the trips are specifically signposted (“L’Ardéchoise” in green letters on a white background).
Anyone buying a holiday must be at least 18 years old and legally capable of entering into a contract. Underage children must be accompanied and are under the responsibility of their parents.
1. SERVICES
Our services are specified in the quotation and/or proposal. Options, special wishes or additional agreements only become part of the contract if they have been confirmed in writing without reservation by the SRA reservation office.
1.1 ACCOMMODATION: The accommodation is located as close as possible to the trip, usually within 5 km. They are chosen by SRA according to quality criteria (quality of welcome, level of comfort, proximity to the trips, meals adapted to the sport, secure bicycle garage, first aid repair equipment).
1.2 LUGGAGE CARRIAGE OPTION FOR ITINERANCE STAYS: One piece of luggage = 1 bag completely closed (nothing must be sticking out). Maximum weight 20kg. In case of higher weight, a supplement of 2 € per kg and per additional luggage will be due. Luggage must be made available to the carrier from 8am to 8.30am at the latest (no luggage will be accepted after 8.30am). The time slot for baggage collection by the carrier is from 8.30 am to 4.30 pm. The delivery is made at the latest by 5pm at the new accommodation.
1.3 ACCOMPANIERS OPTION: SRA can provide a cycling guide who knows the area perfectly and who is able to highlight it through his or her knowledge of the terrain, the local heritage, the culture, the gastronomy, …
1.4. ASSISTANCE OPTION: SRA can provide an assistance vehicle equipped with breakdown equipment and a bicycle trailer (8-seater minibus) that can be used simultaneously to transport luggage and/or people.
1.5. BICYCLE RENTAL / ELECTRIC ASSISTANCE BIKE OPTION: SRA can provide road bikes, mountain bikes and electric assistance bikes.
1.6; TOURIST AND SPORTS ACTIVITIES OPTION: Activities other than cycling may be offered on certain trips. These activities are designed to allow participants to discover different outdoor sports activities or to get to know the area better through its heritage.
For accompanying partners who do not cycle, a “companion” programme can be drawn up for the duration of the trip.
2. THE COMMITMENT
Registration is carried out directly with the SRA reservation service. As soon as your registration is confirmed, the rights and obligations arising from the contract come into effect for both you and SRA.
If the person making the booking registers other participants for the holiday, he/she is responsible for their contractual obligations (in particular the price of the holiday) as well as his/her own.
3.PRICES AND PAYMENT TERMS
The prices indicated on the invoices are per person and in euros. The prices in force at the time of booking are binding, subject to price changes.
To confirm a booking, the client must pay a minimum deposit of 30% of the total price together with an original contract signed by the client.
We do not accept bank charges for currency other than the Euro (e.g. transfer from Switzerland). These charges are deducted from your deposit.
The payment of the rest is due 30 days before the departure date, after receipt of the invoice. In the case of short-term bookings (less than 30 days before departure), the full amount of the invoice must be paid at the time of final registration.
If we do not receive the deposit and payment within the specified period, SRA is entitled to refuse the holiday services.
4.CHANGES TO THE CONTRACT OR CANCELLATION BY THE CUSTOMER
4.1 GENERAL: If you wish to modify the reservation or if you wish to cancel the stay, you must notify it personally or by registered letter to the following address: “Sur les Routes de l’Ardéchoise, 1 place des Myrtilles, 07410 Saint-Félicien, France”, returning at the same time the documents that you have previously received.
4.2 MODIFICATIONS BY THE CLIENT: A change of destination is generally considered as a cancellation (see Article 4.3). A change of date within the period covered by the programme may result in additional charges.
A change of name is not considered as a modification, but as an assignment of the contract and therefore implies the fees provided for in article 5.
4.3. CANCELLATION BY THE CLIENT: Any cancellation of a stay must be notified to SRA by registered letter and will incur the following cancellation fees:
For cancellations made more than 30 days before departure, the sums already paid will be reimbursed after deduction of a fixed amount of 50 euros/person for administrative costs.
Between 30 and 21 days before departure: 25% of the total amount of the stay
Between 20 and 15 days before departure: 50% of the total amount of the stay
Between 14 and 8 days before departure: 75% of the total amount of the stay
Between 7 and 2 days before departure: 90% of the total amount of the stay
Less than 2 days before departure: 100% of the total amount of the stay
No-show on the day of departure: 100% of the total amount of the stay
4.4. CANCELLATION INSURANCE: No insurance is included in the price of the stay. The client is advised to take out cancellation insurance, which is charged at 4% of the total amount of the stay. This must be taken out at the time of registration. In case of justified cancellation of the stay, the amount of the insurance will be retained by SRA.
5.ASSIGNMENT OF THE CONTRACT
When the contract concerns a stay or a tour, the client may transfer it to a third party.
The client must imperatively inform the agency of the transfer of the contract by any means allowing for acknowledgement of receipt, no later than 7 days before the start date of the trip. The client must indicate precisely the name and address of the transferee and of the participant in the trip, and must prove that the transferee fulfils the same conditions as the client for the trip.
However, this transfer does not remove your responsibility towards the agency, as you remain jointly and severally liable for the balance of the price still to be paid as well as for all additional costs incurred by this transfer.
6. MODIFICATION OF THE CONTRACT BY THE TRAVEL AGENCY
6.1. MODIFICATIONS PRIOR TO THE CONCLUSION OF THE CONTRACT: SRA expressly reserves the right to modify, prior to your reservation, the indications of the holiday programmes, the description of the services and the prices appearing in the price list.
6.2. PRICE CHANGES AFTER THE CONTRACT IS SIGNED: The prices indicated are established according to the economic conditions in force. We reserve the right to increase prices in the event of cost increases beyond our control (e.g. sharp rise in fuel costs), or changes in taxes required by the State (e.g. VAT). If the cost of these services inherent to the holiday increases, the price of the holiday will be increased accordingly.
6.3. CHANGES TO THE PROGRAMME OR TO CERTAIN SERVICES BETWEEN YOUR BOOKING AND THE DEPARTURE DATE: SRA reserves the right to change, in your interest as well, the programme of the stay, or certain services agreed upon (e.g. accommodation) in case of force majeure or if unforeseeable or unavoidable events require it. SRA will do its utmost to offer you a replacement service of equivalent quality. We will inform you as soon as possible of such changes and their possible impact on the price.
6.4. CHANGES TO THE PROGRAMME OR FAILURE TO PROVIDE SERVICES DURING THE STAY: SRA may change the programme of certain services for legitimate reasons, provided that this does not lead to a significant change in the programme or the character of the stay. If a change in the programme concerning a major element of the agreed stay should occur during the stay, we will credit you with any material loss between the price paid for the agreed stay and the price of the services provided (see Article 10.1). However, changes to the programme do not give any right to claims for damages or compensation of any kind.
7. CANCELLATION BY THE TRAVEL AGENCY
SRA reserves the right to cancel a holiday at the latest three weeks before departure if the number of participants is not reached. If force majeure (e.g. natural disasters, epidemics, unrest, strikes, government measures, etc.) seriously compromises the holiday or makes it impossible, SRA is entitled to cancel the holiday at short notice. For the same reasons, we reserve the right to interrupt a stay already in progress. In the event of cancellation by us, you will receive a full refund of the price of the holiday. In the event of an interruption, we will reimburse you for any unused services. Claims for damages are excluded.
8. INTERRUPTION OF THE STAY BY THE CLIENT
In the case of a justified interruption (e.g. illness or accident of the person concerned, death of a relative) the stay can be refunded by the insurance, if you took out the insurance at the time of booking, on a pro rata basis of the services not used.
In the event of repatriation, any costs incurred (e.g. transport) are at your expense.
9. CLAIMS
If the services provided do not correspond to what was agreed in the contract or if you suffer damage, you are obliged to contact SRA without delay, asking it to remedy the problem. If no help is possible or if it is insufficient, you must send your complaint and the request for reimbursement by registered letter within 30 days after the end of the stay, together with any supporting documents.
If the customer does not report the defect or damage suffered during the stay, he/she loses his/her rights. The same applies if no written complaint is received by SRA within the prescribed period.
10. RESPONSIBILITIES
10.1. GENERAL: We will credit you with the amount of the agreed services that could not be provided or were provided unsatisfactorily, provided that we (or our service provider) were not able to offer you a replacement service of equivalent quality and that we (or our service provider) are at fault.
10.2. EXCLUSION OF OUR LIABILITY: We shall not be liable if the non-performance, incomplete performance or damage is due to negligence on the part of the customer before or during his stay, to unforeseeable or unavoidable negligence on the part of a third party not involved in the agreed contractual performance, to force majeure or to an event unforeseeable or unavoidable by us. In all these cases, any obligation to pay damages on our part is excluded.
10.3. PERSONAL INJURY, ACCIDENT, ETC. In the event of personal injury, death, bodily harm, etc., caused by the non-performance or incomplete performance of the contract, we shall only be liable if the damage was caused by us or our service providers, subject to the limitations of liability in international agreements and national laws (see Article 10.2).
10.4. 10.4. DAMAGE TO THINGS, PROPERTY, ETC. 10.4. Damage to property, goods, etc.: We shall only be liable for damage caused by non-performance or incomplete performance of the contract if the damage is due to negligence on our part or on the part of a service provider. Our liability is limited to a maximum of double the price of the holiday.
10.5. VALUABLES, MONEY, JEWELLERY, CREDIT CARDS, ETC. 10.5. valuables, money, jewellery, credit cards, etc.: We expressly draw your attention to the fact that you are personally responsible for the safekeeping of valuables, money, jewellery, photographic and video equipment, etc. We cannot be held liable in the event of any loss or damage. We cannot be held responsible for theft, loss, damage, etc.
10.6 EVENTS OR EXCURSIONS DURING THE STAY: Outside the agreed programme, local events or excursions may be booked during the stay. It cannot be excluded that these events or excursions involve certain risks. If you participate in these events or excursions organised by third parties, you do so at your own risk, as SRA is not your contractual partner in this case.
APPLICABLE LAW
All contracts concluded between SRA and the customer are subject to French law.
According to article R. 211-12, stipulated in the Tourism Code, follow the provisions of articles R. 211-3 to R. 211-11 which must be reproduced on brochures and travel contracts offered by the persons mentioned in article L. 211-1.
GENERAL CONDITIONS OF SALE
Article R211-3 Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or holiday services shall give rise to the provision of appropriate documents which comply with the rules defined by this section. In the event of the sale of air or scheduled airline tickets not accompanied by services related to such transportation, Seller shall issue to Buyer one or more tickets for the entire trip, issued by or under the responsibility of the carrier. In the case of transportation on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned. The separate billing of the various elements of a tourist package does not exempt the vendor from the obligations imposed on him by the regulatory provisions of this section.
Article R211-3-1 The exchange of pre-contractual information or the provision of contractual conditions shall be made in writing. They can be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller are mentioned, as well as the indication of its 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 communicate to the consumer information on the prices, dates and other elements constituting the services provided on the occasion of the trip or stay such as: 1° The destination, means, characteristics and categories of transport used; 2° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification in accordance with the regulations or customs of the host country; 3° The catering services offered; 5° The administrative and health formalities to be completed by nationals or citizens of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event of border crossings, as well as the time required to complete them; 6° The visits, excursions and other services included in the package or possibly available at an additional cost; 7° The minimum or maximum size of the group allowing the trip or stay to be carried out and, if 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; 8° 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; 9° The terms of price revision as provided for in the contract pursuant to article R. 211-8; 10° The contractual cancellation conditions; 11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11; 12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular the cost of repatriation in the event of accident or illness; 13° When the contract includes air transport services, the information, for each flight section, provided for in articles R. 211-15 to R. 211-18.
Article R211-5 The preliminary information made to the consumer engages the salesman, unless in this one the salesman did not reserve expressly the right to modify certain elements of it. The seller must, in this case, clearly indicate to what extent this change can be made and on which elements. In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.
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 by electronic means, articles 1369-1 to 1369-11 of the civil code are applied. The contract must include the following clauses: 1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer; 2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates; 3° The means, characteristics and categories of transport used, the dates and places of departure and return; 4° The type of accommodation, its location, its level of comfort and its main characteristics, and its tourist classification according to the regulations or customs of the host country; 5° The catering services offered; 6° The itinerary in the case of a tour; 7° The visits, excursions or other services included in the total price of the trip or stay; 8° The total price of the services invoiced, as well as an indication of any revision of this invoicing pursuant to the provisions of article R. 211-8; 9° The indication, if applicable, of fees or taxes related to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service(s) provided; 10° The schedule and terms of payment of the price; the last payment made by the purchaser cannot be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay to be carried out are handed over; 11° The special conditions requested by the purchaser and accepted by the vendor; 12° The methods by which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, a complaint that must be sent as soon as possible, by any means that allows an acknowledgement of receipt to be obtained by the vendor, and, where appropriate, notified in writing to the travel organizer and the service provider concerned; 13° The deadline for informing the purchaser in the event of cancellation of the trip or stay by the vendor in the event that the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4; 14° The contractual cancellation conditions; 15° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11; 16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller’s professional civil liability; 17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as 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; 18° The deadline for informing the seller in the event of transfer of the contract by the buyer; 19° The commitment to provide the buyer, at least ten days before the date scheduled for his departure, with the following information: a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to help the consumer in the event of difficulty or, failing that, the number to call in order to establish urgent contact with the seller; b) For trips and stays for minors abroad, a telephone number and an address allowing direct contact with the child or the person responsible for the stay on site; 20° The cancellation and reimbursement clause without penalties of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of article R. 211-4; 21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times
Article R211-7 The buyer can transfer his contract to a transferee who meets the same conditions as him to make the trip or stay, as long as this contract has not produced any effect. Unless otherwise stipulated, the assignor must inform the seller of his decision by any means that allows for an acknowledgement of receipt no later than seven days before the start of the trip. When it is a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization by the seller.
Article R211-8 When the contract includes an express possibility of price revision, within the limits provided for in article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
Article R211-9 When, before the buyer’s departure, the seller is forced to make a change to one of the essential elements of the contract, such as a significant increase in price, and when he fails to comply with the obligation to provide the information mentioned in 13° of article R. 211-4, the purchaser may, without prejudice to any recourse for compensation for damages suffered, and after having been informed by the seller by any means allowing for an acknowledgement of receipt : – either cancel the contract and obtain immediate reimbursement of the sums paid, without penalty; – or accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from the sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess amount must be returned to him/her before the date of his/her departure
Article R211-10 In the case provided for in article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by any means that allows him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for damages that may have been suffered, obtains from the seller the immediate reimbursement of the sums paid, without penalty; in this case, the buyer receives an indemnity at least equal to the penalty he would have paid if the cancellation had been his own fault on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement for the purpose of acceptance by the purchaser of a substitute trip or stay proposed by the seller.
Article R211-11 When, after the buyer’s departure, the seller is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any recourse for compensation for damages that may have been suffered: -or, if he cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties. The provisions of this article shall apply in the event of failure to comply with the obligation set forth in section R. 211-4, paragraph 13.
Sur les Routes de l’Ardéchoise
Head office : 1 place des Myrtilles 07410 SAINT-FELICIEN
Tel. : 04 75 06 17 30
N° SIRET : 798 216 990 00019 – N° association : W073002493
Registration of travel operators: IM007220001
Garant : GROUPAMA Assurance-Crédit & Caution 8-10 rue d’Astorg 75008 PARIS
RCP : SMACL ASSURANCES, 141 avenue Salvador Allende, 79031 NIORT CEDEX 9
