Terms and Conditions

 

The Terms & Conditions below apply to all bookings. The following terms and conditions form the basis of your contract with Relax Bike Tours. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them. Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in France and which we agree to make, provide or perform as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.

 

Article R211-3

 

Without prejudice to the exclusions provided for in the second paragraph (a and b) of article4 of the Act of 13th July 1992, any offer and any sale of travel and holiday services give rise to the relevant documents being handed over, these documents meeting the rules defined by this heading. In the case of the sale of tickets for transport by air or the sale of tickets for transport by regular services not accompanied by services linked with these transport services, the seller hands over to the purchaser one or more travel tickets for the entire journey issued by the carrier or on his own account. In the case of transport being provided on request, the name and address of the carrier on whose account the tickets have been issued, must be mentioned. The separate invoicing of the various elements making up a package does not release the seller from any obligations coming under this heading.

 

Article R211-3-1 et R211-4

 

Prior to the signing of the contract in the form of a written document giving the company’s name, address and indication of its official right to exercise its business activity, the seller must give the consumer all relevant information concerning the rates, dates and component parts of the services provided for the journey or the holiday such as:

 

1. the destination, means, nature and categories of transport involved,

 

2. the type of accommodation, its location, grade and major characteristics, official approval and tourist category corresponding to the regulations and customs in use in the host country,

 

3. the meals provided,

 

4. the description of the itinerary in the case of a tour,

 

5. the administrative and health formalities to be carried out especially in the case of crossing borders, together with the deadlines by which such formalities must be terminated,

 

6. visits, excursions and other services included in the package or which may be available against payment of a supplement,

 

7. the minimum or maximum size of the group enabling the journey or holiday to take place and, if the journey or holiday will only take place if there is a sufficient number of participants, the deadline by which the consumer must be informed should the journey or holiday be cancelled; this date may not be set at less than 21 days before the scheduled departure date,

 

8. the amount and percentage of the rate which is to be settled as a deposit on signing the contract and the dates by which the balance must be paid,

 

9. the rules for reviewing prices as laid down in the contract in application of article 100 of this decree,

 

10. the contractual terms of cancellation,

 

11. the terms of cancellation as defined by articles 101, 102 and 103 hereinafter,

 

12. all relevant information regarding the risks covered and the number of guarantees underwritten in the insurance policy covering the consequences of the professional civil liability of travel agencies and the civil liability of non-profit-making associations and organizations belonging to local tourist organisations,

 

13. information concerning optional insurance policies covering the consequences of certain cases of cancellation or assistance contracts covering certain special risks, in particular repatriation in the case of illness or accident.

 

Article R211-5

 

Any prior information given to the consumer binds the seller unless the said information states that the seller expressly reserves the right to modify certain elements therein. In this case, the seller must clearly indicate to what extent this modification may occur and regarding which elements. In all cases, the modifications made to the information given previously must be sent in writing to the consumer before the contract is signed.

 

Article R211-6

 

The contract signed between the seller and the purchaser must be written down and drawn up in duplicate, one of which is given to the purchaser, and must be signed by both parties. It must contain the following clauses:

 

1. the name and address of the seller, his guarantor and insurer and the name and address of the organiser,

 

2. the destination(s) concerned by the journey, and, in the case of a holiday covering several stages, the various periods and dates involved,

 

3. the means, nature and categories of transport involved together with the dates, times and places of departure and return,

 

4. the type of accommodation, its location, grade and major characteristics, official approval and tourist category corresponding to the regulations and customs in use in the host country,

 

5. the number of meals provided,

 

6. the itinerary in the case of a tour,

7. the visits, excursions and other services included in the overall price of the journey or holiday,

8. the total price of the services invoiced and indication of any possible review in the invoicing by virtue of the provisions laid down in article R. 211-8  hereinafter,

9. indication, if relevant, of any duties or taxes connected with certain services such as landing tax, boarding or disembarking tax in ports and airports and tourist tax, when these are not included in the price of the service(s) provided,

 

10. the deadlines and rules for the payment of the rates; in all cases, the last instalment made by the purchaser cannot be less than 30% of the price of the journey or holiday and must be settled when the documents enabling the consumer to travel or take his/her holiday are handed over,

 

11. the special conditions requested by the purchaser and accepted by the seller,

 

12. the rules by which the purchaser can make a claim towards seller for the non-execution or inadequate execution of the contract, this claim must be sent as quickly as possible by recorded delivery mail and written notification thereof given, if necessary, to the travel organiser and the persons providing the service in question,

 

13. the deadline by which the seller must inform the purchaser in the case of cancellation of the journey or holiday, where the journey or holiday shall only take place if the minimum number of participants is reached, in accordance with the provisions in point 7 of article 96 hereinabove,

 

14. the contractual terms of cancellation,

 

15. the terms of cancellation as defined by articles 101, 102 and 103 hereinafter,

 

16. all relevant information regarding the risks covered and the amount of guarantees underwritten in the insurance policy covering the consequences of the professional civil liability of the seller,

 

17. information concerning optional insurance policies covering the consequences of certain cases of cancellation (policy number and name of the insurance company), and assistance contracts covering certain special risks, in particular repatriation in the case of illness or accident; in this case, the seller must five the purchaser a document stating, at the very minimum, the risks covered and the risks excluded,

 

18. the deadline by which the seller must inform the purchaser in the case of a transfer of contract,

 

19. an undertaking to provide the purchaser in writing with the following information at least ten days before the scheduled date of departure :

 

a) the name address and telephone number of the local representative of the purchaser, or, failing this, the names, addresses and telephone numbers of the local organisations which may help the consumer should any difficulties arise, or failing this, a telephone number which will enable the consumer to contact the purchaser in the case of emergency,

 

b) regarding journeys and holidays abroad for minors, a telephone number and address whereby direct contact can be made with the child or the person in charge during his/her holiday.

 

Article R211-7

 

The purchaser may transfer the contract to a transferee who fulfils the same conditions as the purchaser himself/herself to benefit from the journey or holiday, as long as the contract has not yet taken effect. Notwithstanding any statement more favourable to the transferor, the transferor is bound to inform the purchase of his decision by recorded delivery letter at least seven days before the beginning of the journey. In the case of a cruise, this

 

period is extended to fifteen days. This transfer is in no way subject to the prior authorisation of the seller.

 

Article R211-8

 

When the contract explicitly contains the possibility of reviewing the prices within the limits laid down in article 19 of the Act of 13th July 1992, it must mention the precise means of calculation for both rises and reductions in the prices and in particular concerning transport costs and related taxes; currency(ies) which may affect the price of the journey or the holiday; the percentage of the price affected by the variation; the currency rate taken into account when drawing up the prices given in the contract.

 

Article R211-9

 

When, before the departure of the purchaser, the seller has no choice but to modify one of the key elements of the contract, such as a significant rise in prices, the purchaser, without prejudice to his/her right to compensation for any damage which may be incurred, and after being so informed by the seller by recorded delivery mail, may:

 

- either cancel the contract and obtain the immediate reimbursement of all sums paid without any penalty whatsoever,

 

- or accept the modification or the substitution journey proposed by the seller: an amendment to the contract stipulating the said modifications will then be signed by both parties. Any reduction in the price is deducted from any amounts remaining due by the purchaser, and, if the payments already made exceed the price of the modified service offered, the excess amount must be settled in his/her favour before the date of departure.

 

Article R211-10

 

In the case provided for in article 21 of the Act of 13th July 1992, when, before the departure of the purchaser, the seller cancels the journey or holiday, he/she must inform the purchaser by recorded delivery mail; without any prejudice to his/her right to claim compensation for any damage which may have been incurred, the purchaser should receive the immediate reimbursement of the sums paid from the seller without any penalty being

 

incurred; in this case, the purchaser receives an indemnity which is at least equal to the penalty he/she would have had to have paid should the cancellation have been made at his/her bidding at this date. The provisions laid down in this article shall not hinder in any way the signing of a friendly settlement, the purpose of which would be the purchaser’s acceptance of a substitution journey or holiday proposed by the seller.

 

Article R211-11

 

When, after the departure of the purchaser, the seller is not in a position to provide a sizeable part of the services scheduled in the contract, representing a significant percentage of the price paid by the purchaser, the seller must take the following measures immediately without prejudice to his/her right to claim for any damage which may be incurred:

 

- either to propose services replacing the scheduled services and possibly accepting to pay any supplement in terms of price, and, if the services accepted by the purchaser are inferior in quality, the seller must reimburse the difference in price as soon as the purchaser returns home,

 

- or, if the seller cannot propose any substitution service or if the said services are refused by the purchaser for valid reasons, to provide the purchaser travel tickets, without any supplement to the price, to ensure his/her return home in conditions which may be considered as being equivalent, to the place of departure or any other place accepted by both parties.

 

 

 

 

In accordance with the data protection law, the customer has the right to correct the information mentioned in this document.