General terms and conditions

General Terms and Conditions of Sale ABICYCLETTE
TRAVEL – TOURIST PACKAGES

Version _ February 2024

Introductory Provisions

Article 1.   Definitions

ABICYCLETTE: refers to the company ABICYCLETTE which offers and sells a Trip to the Customer. Legal information relating to ABICYCLETTE is provided in article 2 of the GCS and in its Legal Notice.

Catalogue: refers to the range of Trips prepared by ABICYCLETTE and available for consultation on its Site. The photographs or illustrations provided in the Catalogue are indicative and are not binding on ABICYCLETTE.

Customer: refers to the natural or legal person who reserves and purchases a Trip from ABICYCLETTE. The Customer may be a Group of Travelers.

General Terms and Conditions or GTC: refers to the present document.

Special Conditions of Sale: refers to the Customer’s specific requirements accepted by ABICYCLETTE in accordance with article L211-10 of the French Tourism Code and/or the specific conditions of certain ABICYCLETTE service providers or partners.

Contrat: refers to the contractual document signed by the Customer or the Group Manager in the name and on behalf of all the members of the Group. The Contract includes the main characteristics of the booked Trip, and in particular the program and itinerary of the stay, its departure and arrival points, the number of nights, its price, the options chosen, the insurance taken out, etc.

Quotation: refers to the commercial document naming the Trip book, the desired options and the applicable price(s).

Personal Data: refers to information that directly or indirectly identifies a natural person.

Group of Travelers ou Group: refers to all individuals registered on the same file and participating in the same Trip. In accordance with articles 1310 and 1313 of the French Civil Code, the individuals making up the Group are jointly and severally liable.

Legal Information: refers to the legal information relating to ABICYCLETTE and available on the Site.

Party or Parties : refers to ABICYCLETTE and/or the Customer.

Commercial Offer: refers to the commercial document prepared by ABICYCLETTE and sent to the Customer in response to his/her request for information relating to the organization of a Trip.

Reservation: refers to the act by which the Customer sends ABICYCLETTE his/her agreement to the Quotation proposed and pays the agreed price. The Reservation is subject to the GTC.

Group Manager: refers to the natural person who acts both on his or her own behalf and on behalf of the persons associated with his or her Reservation and making up the Group of Travelers. He/she signs the Contract in the name and on behalf of all the persons in the Group.

Site : refers to the Internet site published by ABICYCLETTE and accessible at the URL address https://www.abicyclette-voyages.com/. 

Trip: refers to travel services or tourist packages, as defined by article L211-2 of the French Tourism Code, designed and marketed by ABICYCLETTE. This may be a Catalogue Trip or a Trip made to measure for the Customer.

Article 2.   Informations about ABICYCLETTE

ABICYCLETTE is a travel agency, incorporated as a limited liability company (LLC), with a capital of 10,000 euros, registered in the Rennes Trade and Companies Register under no. 503 645 871, with its head office at 81 Mail François Mitterrand 35000 Rennes – Tel. +33 (0)2 30 964 954 – E-mail: bonjour@abicyclette-voyages.com.

ABICYCLETTE is registered in the Atout France register of travel and holiday operators under number: IM035100006.

GROUPAMA financial guarantee (5 rue du Centre 93199 NOISY-LE-GRAND).

Civil Liability insurance: RCP MMA IARD (14 boulevard Marie et Alexandre Oyon 72030 LE MANS).

Intracommunity VAT no. FR 53 503 645 871.

ABICYCLETTE presents its Trip offers on its Site.

Article 3.   Pre-contractual information

In accordance with articles L. 211-8 and R 211-4 of the French Tourism Code, ABICYCLETTE undertakes to provide the Customer with the pre-contractual information mentioned in the said articles (hereinafter referred to as the “Pre-contractual Information“).

The Pre-contractual Information is provided exclusively by electronic means in:

• The Catalogue on the Site;
• The Commercial Offer and Quotation ;
• The Contract ;
• The GCS ;
• The Special Conditions of Sale.

Article  4.   Modification of Pre-contractual Information

In accordance with article L211-9 of the French Tourism Code, the Parties expressly agree that ABICYCLETTE may make changes to the information contained in its Catalogue and commercial documents.

The modifications may concern the price, the content of the transport or holiday services, the identity of the air carrier (if applicable), the itineraries proposed, the places of accommodation, the opening and closing dates of the hotels, etc. The modifications will be communicated to the Customer before the end of the stay.

Any changes will be communicated to the Customer orally before the Contract is concluded, and will then be confirmed in writing.

The Group Manager undertakes to pass on to the Group of Travelers all information communicated by ABICYCLETTE and especially the Pre-contractual Information, which is therefore considered to be given to the entire Group.

Article 5.   Purpose

The purpose of the GTC is to determine the terms and conditions for Reservation, payment, cancellation and execution of a Trip with ABICYCLETTE, in accordance with the applicable provisions of the French Tourism Code.

Article 6.   Contractual Documents

The obligations of the Parties are agreed in the following contractual documents (hereinafter the “Contractual Documents“):

• The Contract including the General Terms and Conditions ;
• The Commercial Offer ;
• The Quotation, also subject to the GTCS;
• The Special Conditions of Sale.

The Pre-contractual Information forms an integral part of the Contract.

In the event of contradiction between the GTCS and the Special Conditions of Sale, the Special Conditions of Sale shall prevail.

On the other hand, in the event of contradiction between the GCS and the other Contractual Documents, the GCS shall prevail. 

Where applicable, ABICYCLETTE provides the Customer with the insurer’s information document and the insurance contract. There is no hierarchy between ABICYCLETTE’s Contractual Documents and those of the insurer.

Article 7.   Material scope of application

The GTC govern exclusively the sale of Travel and the execution of a Travel service by ABICYCLETTE, to the exclusion of all other services.

Article 8.   Personal scope of application

Customers may be consumers or non-professionals within the meaning of the French Consumer Code.

Professionals (travel agencies, tour operators, etc.) are subject to the BTB general terms and conditions of sale. These can be consulted on request from an ABICYCLETTE travel consultant.

APPLICATION OF THE GTC

Article 9.   Availability

The General Terms and Conditions can be accessed at any time by clicking on a link on the Site, which can be found here: https://www.abicyclette-voyages.com/en/general-terms-and-conditions/. 

They can be consulted directly by the Customer.

Article 10.   Opposability – entry into force

The General Terms and Conditions of Sale are sent to the Customer, on a durable medium, at the same time as the Quotation is sent.

The GTC come into force and apply from the moment the Customer agrees to the Quotation, as evidenced by a “Signed Agreement” (for example) and payment of the deposit stipulated in article 36 of the GTC.

Article 11.   Modification of the GTC

ABICYCLETTE reserves the right to modify the GCS at any time, in order to comply in particular with any technical, operational, legal or jurisprudential developments.

In the event of modification of the GCS, the applicable GCS are those accepted by the Customer on the day of payment of the agreed deposit.

TRAVEL SERVICES – TOURIST PACKAGES

Article 12.   Offre Catalogue or customized offer

Trips are presented in a Catalogue that can be consulted on the Site.

The Catalogue offer may be modified in accordance with the conditions set out in article 4 of the GCS.

ABICYCLETTE also offers and develops customized Trips to meet the Customer’s specific needs and requirements.

Article 13.   Main features of the trip

In accordance with articles L. 211-8 and R 211-4 of the French Tourism Code, ABICYCLETTE provides the Customer with the main characteristics of the Trip in the Contractual Documents listed in article 6 of the GTC  and especially in the Commercial Offer and the Contract.

Visits, excursions or other services are, where applicable, described in the Catalogue and in the Contractual Documents.

Article 14. Trip Duration

The duration of the trip is mentioned in the Commercial Offer and the Contract. Where applicable, it takes into account the time devoted to transporting the Customer to the place of departure of the Trip program, in the event that the Customer orders transport services from ABICYCLETTE. 

The first and last days may be shortened due to late arrival or early departure, depending on the timetables communicated by the rail or air companies in particular. 

No compensation will be paid for late arrivals or early departures.

Article 15.   Group Travel

ABICYCLETTE provides in its Catalogue and its Commercial Offer, where applicable, the minimum number of people required for a Group Tour. 

Please note that if this number is not reached within two (2) weeks before the 1st day of the program, ABICYCLETTE reserves the right to cancel the Contract.

Article 16.   Hotel establishment

The names of the hotels provided in the Catalogue are given for information only and may be replaced by other accommodation of a similar category, especially if rooms are unavailable.

The star classification of hotels abroad is based on local standards, which differ from French standards.  Similarly, the classification of rooms (e.g. comfort, premium, etc.) differs according to the establishment and its location, as well as applicable local regulations.

Article 17.   Catering

The Commercial Offer and Contract specify the type (breakfast, lunch, dinner) and number of meals included in the price.

Drinks are not included unless otherwise specified in the Commercial Offer and Contract.

Article 18.   Bike rental

ABICYCLETTE propose des Voyages à vélo. 

The provision of the bicycle to the Customer is subject to articles 21 to 35 of the general terms and conditions of sale for bicycle rental [https://www.abicyclette-voyages.com/en/general-terms-and-conditions-bicycle-rental/].

The type and number of bicycles reserved are mentioned in the Commercial Offer and confirmed in the Quotation.

Article 19.   Trip program – itinerary

In its Catalogue and Commercial Offer, ABICYCLETTE provides, in particular, information concerning the travel program, its route (itinerary), the kilometers to be covered, the expected difference in altitude and the resulting level of difficulty.

The proposed itineraries are presented for information only and may change due to circumstances beyond ABICYCLETTE’s control (e.g.: blocked roads, road works, public events, weather events, etc.).

Similarly, mileage and elevation data may vary by plus or minus ten (10) % depending on the accommodation selected.

Finally, the level of difficulty may vary according to the Customer’s state of health and/or physical abilities.

Article 20.   Luggage transfer

At the Customer’s request, ABICYCLETTE can provide a luggage transfer service, at each stage of the tour, to each hotel selected. 

This service, if ordered, is mentioned in the Commercial Offer and the Contract.

Article 21.   Language

When the benefit of certain tourist services provided to the Customer is based on verbal communication, the language in which these services are provided is mentioned in the Commercial Offer and the Contract.

Article 22.   Accessibility

Certain Trips or associated services and certain establishments are not accessible and/or suitable for people with reduced mobility. 

ABICYCLETTE expressly mentions this in the Commercial Offer and the Contract.

In order to verify the accessibility of the person concerned to the planned Trip, and to ensure the comfort and safety of the Customer, persons with reduced mobility must inform ABICYCLETTE of the nature of their disability. 

For safety reasons, ABICYCLETTE may refuse a Reservation for a destination it deems inaccessible, without this refusal constituting a refusal to sell.

TRANSPORT

Article 23.   Pre- and post-transportation

The Customer may organize his or her own transport to the departure point of the program mentioned in the Commercial Offer and the Contract. ABICYCLETTE cannot be held responsible for any delays or cancellations in this case. No reimbursement will be made.

ABICYCLETTE can organize transport at the Customer’s request, subject to the availability and transport conditions of the airline or rail company concerned. The Customer is responsible for any additional accommodation and/or meal costs incurred during transportation.

Article 24.   Identity of the air carrier

In accordance with articles R. 211-15 to R. 211-19 of the French Tourism Code, ABICYCLETTE provides, at the time of Reservation, the identity of the air carrier(s), known at that time, likely to operate the flight(s). 

Confirmation of the airline’s identity will be sent to the Customer no later than eight (8) days before departure. In the event of a change before departure, the Customer will be informed at the latest at the time of boarding.

Article 25.   Flight conditions and schedules

Flight schedules are communicated when the notification is sent out, but are subject to change until the day of departure, notably due to weather conditions, unforeseen circumstances, safety imperatives, etc., without any compensation whatsoever. 

Due to the intensity of air traffic and/or in cases of force majeure, delays may occur. In such cases, connections are not guaranteed.

The Customer is invited to review the general conditions of the airline concerned provided at the time of the Reservation.

Article 26.   Luggage

Authorized luggage weights vary on domestic and international flights, depending on the airline and/or type of flight. This information is provided in the pre-departure convocation (or earlier at the customer’s request). 

Some scheduled and low-cost flights do not include hold baggage. 

Any baggage allowance or extra baggage charges will be borne exclusively by the customer. 

Restrictive baggage regulations are available on the websites of the airlines concerned; the latter have sole discretion in this matter.

Article 27.   Reimbursement of airport taxes and fees

In accordance with article L224-66 of the French Consumer Code, in the event of non-boarding, for any reason whatsoever, the Customer may request, at the latest within fifteen (15) days of the scheduled date of the Trip, and in writing, reimbursement of taxes, airport fees and other charges which become due once the passenger has actually boarded the aircraft.

ABICYCLETTE reserves the right to charge a handling fee which may not exceed 20% of the amount reimbursed.

Article 28. Air carrier liability

In accordance with the conditions and limits laid down by international conventions (Warsaw and Montreal), the actual air carrier providing transportation is liable for any damage resulting from flight delays or damage (destruction or loss) caused to baggage, in accordance with the ceilings laid down by these conventions and included in the conditions of carriage attached to the ticket.

RESERVATION – CONTRACT SIGNATURE

Article 29.   Catalogue or Customized Offer

The Customer may book a Catalogue Trip or a Customized Trip. To do so, they may contact ABICYCLETTE by email, telephone or via dedicated online forms available on the Site.

Article 30. Reservation Process

ABICYCLETTE sends the Customer a Commercial Offer, which describes the Trip and in particular:

• Dates and number of nights;
• The proposed program, route and itinerary;
• Accommodation (subject to availability);
• The price of the Trip and, where applicable, any available options (e.g. bike rental, insurance, etc.);
• Services not included in the Trip.

If the Customer agrees to the Commercial Offer, ABICYCLETTE draws up and sends the Customer a Quotation, subject to the General Terms and Conditions and including a link for on-line payment of :

• The requested deposit or the total amount of the Trip, depending on the case;
• 100% of the cost of travel insurance, if taken out by the Customer.

THE CUSTOMER IS INFORMED AND ACKNOWLEDGES THAT ACCEPTANCE OF THE QUOTATION IS BY ANY MEANS, INCLUDING PAYMENT OF THE PRICE AGREED IN THE CONTRACTUAL DOCUMENTS.

Article 31.   Reservation by a Group Manager

Group Reservations are made under the same terms and conditions as those set out in article 30 of the General Terms and Conditions. It is made by the Group Manager, who is presumed to be acting in the name and on behalf of the members of the Group.

He/she is presumed to have obtained their consent and guarantees that he/she is validly authorized to act in this capacity. He/she is fully responsible for the information provided to the members of the Group and is personally liable for the persons registered on the same Trip file.

The Quotation may provide for specific Reservation procedures (e.g.: Reservation and payment made individually by each individual, Group member or couple).

Article 32.   Confirmation of definitive number of members

The Customer must send ABICYCLETTE, if necessary via the Group Manager, a list of the names of the members of the Group no later than the day of the Reservation. 

Any delay in sending this list may result in the withdrawal of the rooms and/or services reserved. 

This list will be used as the basis for invoicing, in the event of a change in the number of participants, leading to cancellation charges, in accordance with the terms of article 46 of the GTC.

The customer undertakes to ensure the accuracy and reliability of the personal information provided, for example for the purpose of issuing transport tickets. Any error resulting in ticket re-issue costs will be invoiced to the Customer.

Article 33.   Reservation confirmation

On receipt of payment of the deposit by ABICYCLETTE, the Customer will receive an email confirming registration of the Reservation.

Article 34.   Contract signature

The Customer is then invited to sign the Contract, to which the General Terms and Conditions are appended. The Contract is concluded electronically. 

Unless specifically requested by the Customer, the Group Manager signs the Contract in the name and on behalf of the members of the Group.

The Customer receives an electronic copy of the Contract signed by both Parties.

Article 35.   No withdrawal

IN ACCORDANCE WITH ARTICLE L221-28 OF THE CONSUMER CODE, THE CUSTOMER MAY NOT BENEFIT FROM THE RIGHT OF WITHDRAWAL PROVIDED FOR IN ARTICLE L221-18 OF THE SAME CODE.

FINANCIAL PROVISIONS

Article 36.   Price

Prices, taxes, charges and fees are given in the Catalogue for information only. Only the Prices mentioned in the Commercial Offer and confirmed in the Quotation are binding on ABICYCLETTE.

The price of the Trip is indicated inclusive of all taxes. 

The services included in the price of the Trip are mentioned in the Commercial Offer and the Quotation. Any options are subject to a specific price and mention in the Commercial Offer and Quotation.

Unless expressly stated otherwise, prices do not include :

• Insurance costs; 
• Bike rental costs;
• All personal expenses (food, drinks, tips, etc.);
• Visa and passport fees;
• And more generally, all services not expressly specified in the Contractual Documents.

IN THE EVENT OF PARTIAL CANCELLATION OF THE GROUP, THE RATE FOR EACH PARTICIPANT MAY BE RE-EVALUATED ACCORDING TO THE ACTUAL GROUP SIZE.

Article 37.   Tourist tax

Tourist taxes vary according to destination and country. Taxes are not included in the price of the Tour.

Article 38.   Terms of payment

Unless otherwise stipulated in the Commercial Offer and the Quotation, the terms of payment are as follows.

To confirm the Reservation, the Customer shall pay ABICYCLETTE a deposit of thirty (30) % of the total amount of the Tour.

The balance must be paid no later than thirty (30) days before the date of the 1st day of the Trip program.

For all registrations made after the deadline for payment of the balance, full payment is required at the time of Reservation.

In the absence of payment of the sums requested by the deadline, ABICYCLETTE will not be obliged to retain the availability of the Trip and associated services which are considered to have been canceled by the Customer. 

In this case, ABICYCLETTE will be entitled to retain a sum corresponding to the cancellation indemnity provided for in article 46 of the GTC, as well as the amount paid in respect of insurance taken out (where applicable), which are non-refundable.

Any person who has not paid in full for a previous Trip will not be able to re-book without first clearing his/her account.

For Reservations made in the name of and on behalf of a Group, payment may be made :

• Either by the Group Manager;
• Or individually by each person individually identified or by a couple. These procedures are specified in the quotation.

Article 39.   Payment methods

Authorized means of payment are :

• Credit card ;
• Bank transfer;
• Bank cheque;
• Vacation vouchers (valid at the time of receipt by ABICYCLETTE and accepted only for payment of the balance of the price). Paper vacation vouchers must be received no later than thirty (30) days before the 1st day of the program.

PRICE ADJUSTMENT

Article 40.   Price increase or reduction

After the Reservation, prices may be modified upwards or downwards, in accordance with article L211-12 of the French Tourism Code, if the price increase results from a change in :

• Passenger transport prices resulting from the cost of fuel or other energy sources ;
• The level of taxes or fees on travel services included in the Contract, imposed by a third party not directly involved in the performance of the Contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes at ports and airports; 
• Exchange rates related to the Contract.

Article 41. Notification to the Customer

ABICYCLETTE undertakes to inform the Customer, where applicable, via the Group Manager, and to provide on a durable medium the justifications and calculations enabling the increase applied to be arrived at.

Price changes must be made no later than twenty (20) days prior to departure or the 1st day of the program. After twenty (20) days prior to departure or the 1st day of the program, no price changes may be made.

Article 42.   Calculation methods

The price of the Trip is calculated on the basis of an average fuel price. The price may be adjusted according to the average daily index price per ton of kerosene for the previous month.

With regard to taxes and fees, ABICYCLETTE will apply the increases and decreases imposed by the service providers concerned.

With regard to exchange rates, it is specified that :

• For the United Kingdom, the currency used is the Pound Sterling.
• For Switzerland, the currency is the Swiss franc.
• For Norway, the currency is the Norwegian krone.
• For Sweden, the currency is the Swedish krona.

The list of currencies is not exhaustive. In the event that certain countries and applicable currencies are not provided for in the GCS, the Customer will be informed via the Contractual Documents.

Official exchange rates are available on the European Commission website (INFOREURO).  

The exchange rate used to calculate the exact price of the Trip will be the rate on the date specified in the Commercial Offer at the time of Booking.

Currency fluctuations are only taken into account for the part of the services invoiced in foreign currency. 

Should the variation in the exchange rate between the date of the Reservation and the 20th day prior to the departure date have an impact (upwards or downwards) on the price of the Trip, ABICYCLETTE will pass this on to the Customer in full.

Article 43.   Consequences of surcharges

The Customer will be required to pay the supplement due. If the Customer refuses to pay the said surcharge, the latter may cancel the Trip under the conditions and in accordance with the procedures set out in articles 45 and 46 of the GTC.

Article 44.   Consequences of price reduction

The Customer is entitled to a price reduction corresponding to any reduction in the costs mentioned in article 40 of the GTC.

In the event of a price reduction, ABICYCLETTE will reimburse the Customer after deduction of its actual administrative expenses.

CANCELLATION – MODIFICATION BY THE CUSTOMER

Article 45.   Contract cancellation

In accordance with articles L211-14 and R211-4 of the French Tourism Code, the Customer may cancel the Contract at any time prior to the start of the Trip, subject to payment of an appropriate or standard cancellation fee.

Article 46.   Cancellation fees

Total or partial cancellations are subject to the following charges per participant:

Article 47.   Trip cut short or not taken

Any trip cut short or any service not taken by the Customer and/or one or more participant(s) due to his/her/their fault will not be reimbursed.

Article 48.   Modification by the Customer

A modification to the Trip refers to any change made after the Contract has been signed, concerning in particular the number of persons, the services booked, the dates and/or duration of the Trip, or the location of the Trip (hereinafter referred to as “a Modification“).

A Modification is not a cancellation.

The Customer may request one or more Modification(s). 

Each Modification involves administrative and/or reservation work by ABICYCLETTE. In return, ABICYCLETTE charges a fee of €35.00 (inc. VAT) for each Modification and for each person concerned. 

Likewise, the Customer is informed that any Modification may give rise to additional costs (per Modification and per person) invoiced by the service providers used by ABICYCLETTE

Article 49. Customer refund

ABICYCLETTE will reimburse all payments made by the Customer or on his/her behalf by the Group Manager, less cancellation fees.

Where applicable, insurance and visa fees are not refundable.

The Customer will be reimbursed as soon as possible, and in any event within fourteen (14) days of termination of the Contract.

MODIFICATION – CANCELLATION BY ABICYCLETTE

Article 50.   Minor modifications

Modifications to the Trip prior to the conclusion of the Contract are organized in article 4 of the GTC.

After conclusion of the Contract, ABICYCLETTE reserves the right to modify the Contract, under the conditions set out in article L211-13 of the French Tourism Code, in the event of a minor modification (e.g.: minor modification to the itinerary or program, change of accommodation that does not modify the itinerary while retaining identical services, etc.).

In such a case, ABICYCLETTE will inform the Customer, where applicable, via the Group Manager, in writing and without delay.

Article 51.   Significant change to an essential element

When, prior to departure or on the 1st day of the program, compliance with an essential element of the Contract is rendered impossible as a result of an event outside ABICYCLETTE’s control (e.g.: political event that may affect the Customer’s safety, pandemic, meteorological event, etc.), ABICYCLETTE must immediately inform the Customer.

ABICYCLETTE may offer the Customer Modifications and/or equivalent services if they exist. ABICYCLETTE will inform the Customer of the repercussions on the price of the Tour.

When the Modifications to the Contract or the substitute service leads to a reduction in the quality of the Trip, the Customer is entitled to an appropriate price reduction.

In any event, the Customer is entitled to :

• Accept the proposed Modifications;
• Cancel (resolve) the Contract without charge.

Article 52.   Cancellation by ABICYCLETTE

In accordance with article L211-14 of the French Tourism Code, ABICYCLETTE may cancel the Trip and terminate the Contract before departure or the 1st day of the program and, in the absence of an alternative solution at the current rate, reimburse all sums paid without being obliged to pay any additional compensation, if:

• The minimum number of people registered for the Trip is less than the minimum number indicated in the Contract[1]. In this case, ABICYCLETTE will inform the Customer:
• Twenty (20) days prior to the start of the Trip in the case of trips lasting more than six (6) days ;
• Seven (7) days prior to the start of the Trip in the case of trips lasting between two (2) and six (6) days;
• Forty-eight (48) hours before the start of the Trip for trips lasting no more than two (2) days;
• If ABICYCLETTE is prevented from executing the Contract due to exceptional and unavoidable circumstances, as defined in article L211-2 of the French Tourism Code. In the latter case, ABICYCLETTE will notify the cancellation of the Contract as soon as possible, before the start of the Tour.

In other cases, if ABICYCLETTE decides to cancel the Trip before departure or on the 1st day of the program, and if the Parties are unable to reach an amicable agreement on a substitute Trip, ABICYCLETTE will reimburse the Customer for all sums paid.

ABICYCLETTE will also pay the Customer an indemnity at least equal to the penalty that the Customer would have incurred if the cancellation had been caused by ABICYCLETTE on that date. 

Where applicable, ABICYCLETTE will make reimbursements as soon as possible, and in any event no later than fourteen (14) days after the Contract is canceled.

TRANSFER

Article 53.   Transfer^[2] of Contrat

In accordance with articles L211-11, R211-6 and R211-7 of the French Tourism Code, the Customer may transfer his Contract (excluding the insurance contract) to a third party, as long as this Contract has not produced any effect.

The Customer must inform ABICYCLETTE of this, by certified letter with return receipt requested, no later than seven (7) days before the start of the Tour. 

The Customer must mention :

• Their identity and contact details;
• The identity and contact details of the prospective assignee(s);

Proof that the transferee(s) meet(s) the same conditions as he/she does to make the Trip.

This assignment may be subject to the time required to obtain a visa and the airline’s agreement. 

The assignment may only relate to the Contract, with the exception of any insurance contracts.

Article 54.   Associated costs

ABICYCLETTE will charge the Customer (transferor and transferee jointly and severally) additional handling fees:

• 25 euros incl. VAT per transfer and per person sixty (60) days or more from the 1st day of the program ;
• 50 euros incl. VAT per transfer and per person less than sixty (60) days from the 1st day of the program;
• 75 euros incl. VAT per transfer and per person less than thirty (30) days from the 1st day of the program.

RESPONSIBILITY

Article 55.   Customer support

ABICYCLETTE shall provide the Customer with appropriate assistance with regard to any difficulties encountered by the latter during performance of the Contract.

The Customer may contact ABICYCLETTE from Monday to Sunday from 8.30am to 8pm, without interruption. 

The contact telephone number and e-mail address are indicated in the Contractual Documents.

Assistance to the Customer includes:

• Providing useful information on health services, local authorities and consular assistance;
• Helping the Customer to make long-distance calls and find other travel services. 

For trips and stays abroad for minors, a telephone number and address enabling direct contact with the child or the person in charge of the child’s stay are provided in the Contractual Documents.

Article 56.   Informing the customer in the event of non-conformity

In accordance with articles L211-16 and R211-6 of the French Tourism Code, the Customer undertakes to inform ABICYCLETTE, as soon as possible, of any non-conformity that he/she observes during the execution of the Trip, in order to allow ABICYCLETTE to take this into account and to implement any actions that it deems useful to put an end to the non-conformity.

The information must, in all cases, be confirmed to ABICYCLETTE in writing, by post or electronically.

Article 57.   Non-conformity during the Trip

If, after the start of the Trip, a non-conformity considerably disrupts the execution of the Trip, ABICYCLETTE will offer the Customer other appropriate services within a reasonable period, at no extra charge. 

Should ABICYCLETTE fail to remedy the non-conformity within a reasonable period (failure to provide assistance), the Customer may cancel the Contract without charge. The Customer shall be entitled, where applicable, to a price reduction and/or compensation if they provide proof of distinct prejudice.

If ABICYCLETTE finds it impossible to remedy the non-conformity or if the Customer refuses the proposed services, he/she shall be entitled, if applicable, to a price reduction and/or compensation if he/she provides proof of distinct prejudice, without the possibility of canceling the Contract.

Article 58.   Responsibility

ABICYCLETTE is responsible for the proper performance of the services provided for in the Contract.

However, ABICYCLETTE shall be exonerated from all or part of its liability in cases where the non-performance or poor performance of the Contract is attributable:

• The Customer;
• The unforeseeable and insurmountable act of a third party unrelated to the provision of the services provided for in the Contract;
• Force majeure as defined in article 1218 of the French Civil Code;
• Exceptional and unavoidable circumstances as defined in article L211-2 of the French Tourism Code.

INSURANCE

Article 59.   PII Insurance

ABICYCLETTE declares that it is insured, in particular for professional civil liability, with a company known to be solvent, and undertakes to keep all insurance policies up to date, to cover all damage caused to the Customer or to any third party as a result of the performance or non-performance of the Contract.

Article 60.   Financial guarantee

ABICYCLETTE provides proof of a sufficient financial guarantee, specifically allocated to the reimbursement of funds received for the Trip booked by the Customer, taken out with a company known to be solvent.

Information concerning the financial guarantee is given in article 2 of the GTC. 

Article 61.   Comprehensive insurance

ABICYCLETTE offers the Customer comprehensive insurance, negotiated and taken out with a reputable, solvent company for a fixed cost mentioned in the Commercial Offer and Quotation.

The main guarantees of this contract concern: cancellation of the trip, missed departure or return, medical assistance and repatriation 24/24, loss of luggage, interruption of stay and compensation trip, accident and delay of train or plane. Details of cover are given in the insurer’s information document and the insurance contract.

Article 62.   Trip cancellation insurance

ABICYCLETTE offers the Customer travel cancellation insurance (only), negotiated and taken out with a reputable and solvent insurance company.

The main guarantees of this contract concern: cancellation of the trip and loss of luggage. Details of cover are given in the insurer’s information document and the insurance contract.

Article 63.   Subscription and Cancellation Terms for Insurances

The general terms and conditions of insurance can be sent on request to a travel consultant prior to subscription.

In any case, they will be sent at the time of the Trip Reservation. 

Multi-risk and Cancellation insurances are optional and must be taken out at the latest on the day the Trip is booked. 

The full cost of the insurance will be charged to the Customer at the time of the Trip Reservation. 

In accordance with Article L112-10 of the French Insurance Code, if the Customer provides proof of prior cover for the risks covered by the insurance taken out, he/she may cancel this insurance at no cost within thirty (30) calendar days of its conclusion and for as long as no cover has been taken out.

ADMINISTRATIVE AND HEALTH FORMALITIES

Article 64.   Delivery of travel documents

In due course and before the start of the Trip, ABYCICLETTE provides the Customer with the necessary receipts, travel vouchers, tickets, information on the scheduled time of departure and, if applicable, the latest check-in time, as well as the scheduled times of stopovers, connections and arrival.

Article 65.   Personal data required for Reservations

When making a Reservation, the Customer and, where applicable, the Group Manager, must provide ABICYCLETTE with their surname, first name, date of birth and identity document number.

The Customer ensures the truthfulness and reliability of the information provided, which must correspond to that shown on the identity documents used.

Article 66.   General administrative formalities

For French nationals, administrative formalities can be consulted on the www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/ website. Foreign nationals should contact the relevant embassy for information. 

Customers must have valid identity papers and/or the necessary visas. Failure to do so may result in refusal of boarding or entry into the destination country. In this case, the Customer may not claim any reimbursement or compensation from ABICYCLETTE.

The completion of formalities and the cost of issuing passports and visas remain the responsibility of the Customer.

Article 67.   Validity of identity documents

The Customer must present a valid form of identification, whatever the destination. 

Extending the validity of the French national identity card may mean traveling with an identity card whose validity date may appear to have expired. Some foreign countries may refuse to accept your card.

To avoid any risk of blockage or denied boarding, ABICYCLETTE recommends that you travel with a passport whose validity corresponds to that required by the destination country.

Article 68.   Obtaining visas

Depending on the destination, a visa may be required. Customers are invited to consult the https://france-visas.gouv.fr/ website to find out more about the procedures involved.  Foreign nationals should contact the relevant embassy for information. 

Article 69.   Special provisions for minors

If the child is traveling with only one parent, alone with an adult who does not have parental authority, or with a parent who does not have the same surname, an authorization to leave the country is required. 

Specific formalities may be required for minors leaving or entering foreign territory. Depending on the destination, ABICYCLETTE recommends consulting the www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/ website or relevant website.

For European Union countries, French minors of any age must carry a valid national identity card or passport. For countries outside the European Union, minors must have a valid individual passport and, if necessary, a visa.

Article 70.   Health formalities

Customers are invited to consult the https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/ website or relevant website for information on possible health risks in the country(ies) of destination, stopover and transit, as well as recommendations issued by the relevant authorities.

For European Union countries, Customers are advised to bring their European health insurance card (free of charge) and their vaccination booklet for other countries.

Article 71.   Additional formalities due to the health crisis linked to the Covid-19 pandemic

In view of the Covid-19 pandemic, additional formalities may be required before departure (PCR or antigenic test, health form to be completed, medical insurance, vaccination, etc.). 

These new formalities, linked to the evolution of the virus, can be implemented at any time between the date of Reservation of the Trip and the date of departure, and imply a very short reactivity time between their implementation date and the date of departure.

The customer must keep up to date with administrative and health formalities required for travel on the https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/ website or relevant website until the day before departure. 

It is the Customer’s responsibility to comply with the formalities imposed by the French authorities and the country of destination in connection with the Covid-19 pandemic.

Consequently, the Customer agrees to submit to temperature checks, screening examinations, medical checks or any other measures decided by the country of destination, prior to departure or upon arrival in the country. 

If a Customer refuses to provide the required information and/or documents, or to submit to any health examination required by the authorities, this will constitute grounds for termination of the Contract to his/her exclusive detriment, without any right to obtain reimbursement of sums paid. 

In addition, the Customer undertakes to comply with the procedures put in place by governmental and local authorities in order to contain the Covid-19 pandemic, and relating in particular to social distancing, the use of face masks and hygiene protocols.

PERSONAL DATA

Article 72.   Use of Personal Data

72.1. ABICYCLETTE uses the Personal Data of the Customer, a natural person, in particular within the framework of the conclusion of the Contract, the provision of the Trip and associated services.

ABICYCLETTE acts as data controller within the meaning of Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).

72.2. ABICYCLETTE uses the Customer’s Personal Data for the following purposes in particular: 

• Respond to contact and information requests;
• Take into account customer needs and requests;
• Draw up and send a Commercial Offer;
• Communicate the Quotation to the Customer;
• Enable the Customer to make a Reservation and pay the price;
• Allow the Customer to sign the Contract;
• Inform the Customer about the follow-up of his Reservation, cancellations and requests for modifications;
• More generally, to manage the commercial relationship;
• Promote its services;
• Assist the Customer during his/her trip;
• Manage requests to exercise rights, claims and disputes.

72.3. The use of the Customer’s Personal Data is justified, depending on the case, by the Customer’s consent, the performance of the GTC and the Rental Contract, compliance with legal and regulatory obligations or the legitimate interests pursued by ABICYCLETTE (e.g. promoting its services).

72.4. Certain Personal Data requested during the Reservation process and the provision of the Rental Service are mandatory. If the mandatory information is not provided, the Customer’s request will not be processed. 

72.5. Personal Data is accessible to authorized ABICYCLETTE personnel and to service providers (subcontractors) used by ABICYCLETTE to provide its services (e.g. CRM editor, Personal Data host, etc.).

Likewise, ABICYCLETTE transmits some of the Customer’s Personal Data to its commercial partners involved in providing transport, accommodation or luggage transfer services, for example, so that the latter can fulfill their own contractual commitments.

72.6.  Personal Data is kept for variable periods depending on the purpose for which it was collected. By way of example, Personal Data requested at the time of Reservation is kept for the entire duration of the Rental Contract, plus five (5) days following the end of the Contract. 

72.7. Customers have the right to access, rectify, delete and port their Personal Data, as well as the right to withdraw their consent, a right to oppose and limit certain processing and the right to determine the fate of their data after death, which they may exercise by contacting ABICYCLETTE at the email address bonjour@abicyclette-voyages.com.

The Customer also has the right to lodge a complaint with the CNIL.

For further information, the Customer is invited to consult the policy on the use of Personal Data available on the Site.

Article 73.   Privacy

ABICYCLETTE undertakes to keep all Personal Data and information confidential and to use it only to enable the Customer to proceed with the Reservation of his/her Trip and to benefit from the services, under the conditions set out in the GTC.

GENERAL CLAUSE

Article 74.   Partial nullity

The fact that any one of the stipulations of the GTC is or becomes illegal or inapplicable will in no way affect the validity or applicability of the other stipulations herein.

The Parties will replace the invalid provisions by means of a rider with new provisions that are legally valid and as close as possible to the intended meaning and purpose in legal and economic terms.

Article 75.   Tolerance –  absence of waiver

Tolerance on the part of one of the Parties with regard to the application of one or more of the clauses of the GTC may never, regardless of its duration or frequency, be considered as a modification or deletion of these clauses, or as a waiver of the right to invoke them.

Article 76.   Proof

The Customer agrees that information exchanged with ABICYCLETTE, with a view to concluding a Reservation and Rental Contract or in the context of their execution, may be sent to him/her by email. 

The Parties agree that proof of their contractual obligations will be provided in the following manner: clicking on the payment link and the “initial and sign” button indicates the Customer’s consent and acceptance of the GTC. 

ABICYCLETTE may use as proof any act, programme, data, file, recording, operation and other element of a nature or in a computer or electronic format or medium, established, received or stored directly or indirectly by it, for example in any database.

Article 77.   Nomination of domicile – notification

For the purposes hereof, ABICYCLETTE elects domicile at its registered office, the address of which is given in article 2 hereof.

DISPUTE

Article 78.   Language

The GTC are written in French. In the event that these 

GTC are translated into several other language versions, only the French version shall prevail.

Article 79.   Applicable law

The GTC are governed by and constructed in accordance with French law.

Article 80.   Amicable settlement

Any dispute or controversy relating to the formation, validity, interpretation or performance of the GTC must be settled amicably between the Parties as a matter of priority. 

The Customer is invited to contact ABICYCLETTE, who will assist in trying to resolve the said difficulty by e-mail to bonjour@abicyclette-voyages.com. 

Article 81.   Consumer mediation

In the event of a dispute, the consumer Customer may, if he or she so wishes, resort to conventional mediation, possibly with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example). 

The consumer mediator chosen by ABICYCLETTE is :

La Société Médiation Professionnelle

24 rue Albert de Mun – 33000 Bordeaux

www.mediateur-consommation-smp.fr 

Article 82.   Online dispute resolution platform

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform to facilitate the extra-contractual settlement of online disputes between consumers and professionals in the European Union.

This platform can be accessed via this link: https://webgate.ec.europa.eu/odr/. 

Article 83.   Competent courts

IN APPLICATION OF ARTICLE R. 631-3 OF THE CONSUMER CODE, THE CONSUMER MAY BRING THE MATTER EITHER BEFORE ONE OF THE COURTS HAVING TERRITORIAL JURISDICTION UNDER THE CODE OF CIVIL PROCEDURE, OR BEFORE THE COURT FOR THE PLACE WHERE HE RESIDED AT THE TIME THE GTC WERE CONCLUDED OR AT THE TIME THE HARMFUL EVENT OCCURRED.

IF THE CUSTOMER IS A MERCHANT WITHIN THE MEANING OF THE COMMERCIAL CODE, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE MATERIALLY COMPETENT COURTS OF RENNES, NOTWITHSTANDING MULTIPLE DEFENDANTS OR WARRANTY CLAIMS. THIS JURISDICTION ALSO APPLIES TO SUMMARY PROCEEDINGS.

In the absence of such status, the parties refer to the provisions of articles 42 and following of the French Code of Civil Procedure. 

APPENDIX: STANDARD INFORMATION FORM

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the French Tourism Code.

You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed in the Tourism Code. ABICYCLETTE will be entirely responsible for the proper execution of the package as a whole.

In addition, as required by law, ABICYCLETTE has protection to refund your payments and, if transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

For more information on essential rights under Directive (EU) 2015/2302.

Essential rights under Directive (EU) 2015/2302 transposed into the Tourism Code:

Travelers will receive all essential information about the package before concluding the package travel contract.

Both the organizer and the retailer are responsible for the proper execution of all travel services included in the contract.

Travelers are provided with an emergency telephone number or point of contact for the organizer or retailer.

Travelers may transfer their package to another person, subject to reasonable notice and possible payment of additional fees.

The package price may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case may not be changed less than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may withdraw from the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a reduction in the corresponding costs.

Travelers may cancel the contract without paying cancellation fees, and receive a full refund of payments made, if any essential element of the package, other than the price, undergoes a significant change. If, prior to the start of the package, the professional responsible for the package cancels it, travelers have the right to obtain reimbursement and compensation, if applicable.

Travelers may cancel the contract without paying a cancellation fee prior to the start of the package in the event of exceptional circumstances, for example if there are serious safety problems at the destination that are likely to affect the package.

In addition, travelers may cancel the contract at any time prior to the start of the package, subject to payment of an appropriate and justifiable cancellation fee.

If, after the start of the package, important elements of the package cannot be provided as planned, travelers must be offered appropriate alternative services at no extra charge. Travelers may cancel the contract without paying cancellation fees if the services are not performed in accordance with the contract, if this significantly disrupts the execution of the package and if the organizer fails to remedy the problem.

Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services.

The organizer or retailer must provide assistance if the traveler is in difficulty.

If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organizer or retailer becomes insolvent after the start of the package and if transportation is included in the package, repatriation of travelers is guaranteed. ABICYCLETTE has taken out insolvency protection with Garantie Financière GROUPAMA. 

Travelers may contact this entity (5 rue du Centre 93199 NOISY-LE-GRAND, +33 (0)1 49 31 31 31, caution@groupama-ac.fr if they are refused services due to ABICYCLETTE’s insolvency.

Directive (EU) 2015/2302 transposed into national law

^[1]  Unless the number is not reached due to the cancellation of the Customer and/or several participants of the Group. In this case, the cancellation is considered as a Customer cancellation. The cancellation charges stipulated in article 46 of the General Terms and Conditions apply.

^[2]  Under certain conditions, the Customer may “transfer” their contract to a person of their choice..