"Pierre Yves TILLIER – The Pierrot Bicycle "is a sole proprietorship operated by M. Pierre Yves TILLIER, having as object bicycle rental, the organization and sale of tourist stays, whose head office is located at 19, rue du Château – 08460 Signy l’Abbaye – France.
It is registered 848 551 644 in the RCS of Sedan and in the register of Atout France travel agents under the number IM08190002.
franchise business VAT.
"Pierre Yves TILLIER – The Pierrot Bicycle "is a member of the APST, which provides financial guarantees and subscribed a professional liability insurance from Hiscox (38 avenue de l'Opera, 75002 Paris).
ARTICLE 1 : PURPOSE AND SCOPE OF THE GENERAL CONDITIONS OF SALE
These terms and conditions govern the sales, made by "Pierre Yves TILLIER – The Bicycle Pierrot ", trips or stays within the meaning of Articles L.211-1 and following, and R.211-1 and following of the Tourism Code.
The purchase of travel and accommodation "TILLIER Pierre Yves – The Pierrot bikes "entails full acceptance without reservation of the customer of these terms of sale, which are deemed to have read and accepted after signing sales contracts.
The terms and conditions will evolve. Thus in case of contradiction between the general conditions of sale contained in those brochure and internet site, shall prevail. It is therefore up to the customer to check the terms and conditions contained on the website to ensure that those on the brochure are up to date.
The complete list of services included in the tourist stay will be established on the description of the stay. The photos on the website and brochures are only examples for hosting qualities equal comfort. In case of contradiction between the terms of sale and the contract, the contract clauses prevail.
ARTICLE 2 : PROCESS CONTROL
The listings on the site "Pierre Yves TILLIER – The Pierrot bikes "are intended to inform customers, before placing their order, the content of the services offered on the stay, the price and payment terms, terms of cancelation. "Pierre Yves TILLIER – The Pierrot bikes "reserves the right to make changes to the information contained on the website and in brochures, especially about the price and content of living benefits in accordance with the conditions defined in this document.
You can register for holidays "Pierre Yves TILLIER – The Bicycle Pierrot "by phone, by mail or via the website www.lesvelosdepierrot.fr through the reservation request.
The registration process is the following :
– You select the tourist products of your choice ;
– You fill out the reservation form, located on the site.
If the benefits of the tourist holiday chosen are available, "Pierre Yves TILLIER – The Pierrot Bicycles "by email will send you the rental contract in duplicate.
– You will return the two copies signed and accompanied by the payment of a deposit of 30% of the total amount of the stay.
– Upon receipt of these two elements, The reservation is effective and you definitely commits. You can only cancel the contract under the conditions of article 5 below..
The contract is concluded in duplicate, one of which is delivered to the buyer, and signed by both parties.
If sightseeing holiday benefits are not available, "Pierre Yves TILLIER – The Pierrot bikes "informed the customer of alternatives.
ARTICLE 3 : PRICE
3.1. Description price
The listings stays "TILLIER Pierre Yves – The Pierrot bikes "mention what is included in the price and what is not. The rental price does not include theft insurance or damage to bicycles.
The photographs in the section accommodation or stay on each card Bike Voyageur site are present only indicative and illustrative and may not in any case engage the responsibility of "Pierre Yves TILLIER – The Bicycle Pierrot ".
Unless otherwise stated on listings stays the basic package does not include transportation to the starting point of the journey, supplements, the drinks, meals, personal expenses, complementary activities and all not indicated in the description benefit. The price may have to change during the season. However the price indicated on the description of the website at the time of registration is the prevailing price.
The waiver from the client to certain services or benefits indicated in the order shall not give rise to any refund or credit.
3.2. Payment Modality
- More than 30 days from the date of departure payment upon registration of a deposit of 30% of the total price.
• Less than 30 days from the date of departure, Full payment of the trip or balance due.
3.3. balance of payment default
Any failure to pay the balance within 15 days on the part of the buyer, whether total or partial, result in suspension of the execution of the tourist package, the ensuing costs are borne by the User, without prejudice to any action that may be taken against him. Thus "TILLIER Pierre Yves – The Pierrot bikes "will not be required to maintain the availability of Stay.
3.4. Means of payment
The customer can pay by bank transfer, by cheque, by species to the extent permitted by law.
ARTICLE 4 : PROVISION OF EQUIPMENT
4.1. Rental equipment
The ring or rings are available to the customer in perfect working order. a burglar, puncture repair kit, saddlebags and front and rear a helmet and safety vest are made available to the customer. The client agrees to make good use of or bikes and respect the Highway Code. The start and end of delivery are mentioned in the description of the stay. For any change of schedules "TILLIER Pierre Yves – The Pierrot bikes "must be informed.
4.2. Deposit
Upon delivery of the equipment, the customer must provide a copy of an ID and a deposit check in the amount depends on the rented equipment :
– children trailer : 200€
– VTT / VTC : 200 €
– OH (Electrically Assisted Bicycle) : 500€
The security deposit is not cashed when signing the contract but would likely be used to adjust :
Either unpaid
Either repairs (parts and labor) related to abnormal degradation of the bike and accessories.
Either replacement costs or bicycles in case of theft or disappearance.
This deposit is returned to the customer after consideration of the bike and its accessories when returning
4.3. Delivery and return
The place and time of appointment mentioned in the description of the stay. The client undertakes to respect the departure time. In case of delay, should be prevented at the earliest "TILLIER Pierre Yves – The Bicycle Pierrot ". A customer of the delay can possibly lead to a disorganization "TILLIER Pierre Yves – The Bicycle Pierrot "and potentially delay delivery of equipment.
The return of the bike and its accessories must be made no later than the last day of the lease period before 5:00 p.m..
The bikes or are returned by the tenant in the same rental point on time and in good condition, unless otherwise stated on the description of the stay.
ARTICLE 5 : CESSION, CHANGE OR CANCELLATION OF CONTRACT
The customer is informed that, pursuant to Article L. 121-20-4 of the Consumer Code, all services offered on the Site by "Pierre Yves TILLIER – The Pierrot bikes "on his own or on behalf of its partners are not subject to the application of the right of withdrawal provided for in Articles L. 121-20 et seq. of the Consumer Code with regard to distance selling. Consequently, services ordered on the website are exclusively subject to Cancellation and modification provided herein.
5.1. Modification or cancellation of customer due
Any cancellation or modification must be sent by email. The date of receipt of the request will be the one used for expenses. Any cancellation or modification by the customer, rise to the collection of following cancellation fees.
– If the cancellation is made more than 30 days before departure : payment of 30% of the total amount of the stay.
– If the cancellation is made 29 to 15 days before departure : payment of 50% of the total amount of the stay.
– If the cancellation is made 14 to 8 days before departure : payment of 75% of the total amount of the stay.
– If the cancellation is made less than 7 days before departure : payment of 100% of the total amount of the stay.
5.2. Partial cancellation of a booking and contract assignment
If one or more participants originally planned(s) cancels contract(nt) before leaving, the potential additional costs arising shall be borne by the other members.
In case of interruption of stay, "Pierre Yves TILLIER – The Pierrot Bicycle "is not required to make partial repayment.
5.3. Modification by "Pierre Yves TILLIER – The Bicycle Pierrot "
Before the start
If before departure, "Pierre Yves TILLIER – The Pierrot Bicycle "is forced to make a significant change in the services included in the tourist stay ordered, "Pierre Yves TILLIER – The Pierrot bikes "will notify you by any means to obtain a receipt, as quickly as possible.
You can :
– Either cancel the contract and obtain a full refund of the amount paid ;
– Either accept the amendment proposed by "Pierre Yves TILLIER – The Bicycle Pierrot ". In this case a new order will be established with the changes. In the case of a price decrease, the excess will be paid back before the departure date.
The customer will communicate its decision (acceptance of the amendment or termination) within a maximum period of 7 days from receipt of the aforementioned information. A reply within that period, the customer will be deemed to have accepted the proposed amendment.
If "TILLIER Pierre Yves – The Pierrot bikes "decides to cancel the trip before departure, "Pierre Yves TILLIER – The Pierrot bikes "will inform you by any means capable of producing a receipt. If the parties do not reach an amicable agreement on a journey or stay substitution, "Pierre Yves TILLIER – The Pierrot bikes "will reimburse the customer the full amount paid and will pay compensation at least equal to the penalty that he would have supported if the cancellation had been his on that date.
After the departure
When, after your departure, "Pierre Yves TILLIER – The Pierrot Bicycle "is forced to make a significant change in the services included in the tourist stay, representing a significant percentage of the price, "Pierre Yves TILLIER – The Pierrot bikes "will do its best to replace them with equivalent transactions.
If these solutions are inferior to the initial benefit, "Pierre Yves TILLIER – The Pierrot bikes "will reimburse the customer for the difference in price between the two services.
If "TILLIER Pierre Yves – The Pierrot bikes "can not propose any alternative or if you refuse for valid reasons, "Pierre Yves TILLIER – The Pierrot bikes "agrees to repatriate you to the place of departure of the circuit or the place of arrival of the circuit or any other place agreed" TILLIER Pierre Yves – The Bicycle Pierrot "and the customer. This clause does not apply in the cases described in article 7.
ARTICLE 6 : Safety Rules for cycling
The client "TILLIER Pierre Yves – The Pierrot bikes »undertakes :
– Knowing cycling and have no cons-indication to the practice of this activity
– It will be held personally liable in case of theft or damage regardless of the tortfeasor. It is forbidden to modify or bikes and accessories, sub lease or bikes and accessories.
– Comply at all times the safety rules for this activity issued by the Highway Code including helmet, which is compulsory for children under 12 years old.
– It is recommended to attach the frame of his bike to a fixed support provided with theft.
In any case, "Pierre Yves TILLIER – The Pierrot bikes "can not be held liable for any failure due to weather or other force majeure, or due to non-compliance with safety regulations by the customer.
ARTICLE 7 : RESPONSIBILITY
"Pierre Yves TILLIER – The Pierrot bikes "can in no case be held responsible due to circumstances under force majeure, the fact caused by external third parties to benefit under the contract or the improper performance of the contract, the customer is responsible. "Pierre Yves TILLIER – The Pierrot bikes "will be held responsible for the performance of services purchased locally by the client and not the description provided, nor routings to the starting point and from the place of arrival of the circuit. "Pierre Yves TILLIER – The Pierrot bikes "can not be held responsible for delays, changes in schedules or routes of the rail carrier, the customer decides to use before, after or during the period of stay. Under such conditions, the damage sustained can not delay cause any compensation charge "TILLIER Pierre Yves – The Bicycle Pierrot ".
ARTICLE 8 : ASSURANCE
Our prices do not include insurance for bicycles or for customers in the event of an accident..
You agree to declare "The Bicycle Pierrot" immediately any accident, loss or theft of the borrowed equipment.
In case of theft, a declaration to the police is mandatory.
- Liability and Insurance :
You acknowledge having insurance individual civil liability covering your liability for the use of that bike vis-à-vis himself or a third.
The insurance against theft remains your responsibility and your initiative.
- Jurisdiction
In case of dispute the court has exclusive jurisdiction CHARLEVILLE MEZIERES.
ARTICLE 9 : DAMAGE
The customer is fully responsible for the condition of the bike rented at the end of the course. He agrees to take over repairs following the damage it could cause them. it will, since then, the customer to prove that the condition of the bike is made is the same as that of departure or that the damage is not its done. Also it agrees to bear all costs related to the loss or theft of rented equipment.
ARTICLE 10 : Retractions AND COMPLAINTS
10.1. Right to retract
In accordance with Article L.121-20-4 of the Consumer Code the customer does not have a right of withdrawal once the order accepted by email.
10.2. Claim
Any failure in the performance of the contract must be recorded on site, reported and justified as soon as possible, written, by the customer. The claim can not be subjective in nature, but should focus exclusively on the contractual elements of the stay.
All claims must be sent by any means capable of producing a receipt within a period of one month after the date of return, to the following address : "Pierre Yves TILLIER – The Bicycle Pierrot " – 19, rue du Château – 08460 Signy l’Abbaye. Response time is 4 weeks.
ARTICLE 11 : PERSONAL DATA
"Pierre Yves TILLIER – The Pierrot bikes "collection, in compliance with the law of January 6, 1978 relating to data processing, files and freedoms, of personal data in the context of registration.
Collecting this data allows "TILLIER Pierre Yves – The Bicycle Pierrot "manage customer inquiries and ensure fulfillment of contracts awarded. "Pierre Yves TILLIER – The Pierrot bikes "will, for the purpose of living, be required to transmit these data to its providers (hoteliers, etc.).
Guests have a modification of the right of access, rectification and deletion of personal data (art. 38 and following. of the Law of 8.01.1978 modified) that "Pierre Yves TILLIER – The Pierrot Bicycle "has collected.
To exercise your rights, please "TILLIER Pierre Yves – The Bicycle Pierrot " – 19, rue du Château – 08460 Signy l’Abbaye or by email at info@lesvelosdepierrot.fr
EXTRACTS FROM THE CODE OF TOURISM
Article R211-3-1 Created by Decree No. 2009-1650 of December 23, 2009 – art. 1
The pre-contractual information exchange or the provision of contractual terms are done in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code.. Mentioned the name or business name and address of the seller and the indication of its registration in the register provided in a section L. 141-3 or, if necessary, the name, the address and details of registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R211-4 Created by Decree No. 2009-1650 of December 23, 2009 – art. 1
Before concluding the contract, the seller must provide the consumer with information on prices, dates and other aspects of the services provided during the trip or stay such as :
1° La destination, ways, characteristics and categories of transport used ;
2° The type of accommodation, his situation, its comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country ;
3° The catering services offered ;
4° The description of the itinerary when it is a circuit ;
5° The administrative and health formalities to be completed by nationals or by nationals 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, especially, Border crossing and their times of completion ;
6° Visits, excursions and other services included in the package or available at an additional price ;
7° The minimum or maximum size of the group allowing the realization of the trip or the stay as well as, if the journey or stay is subject to a minimum number of participants, date consumer information limit in case of cancellation of the trip or stay ; this date can not be set at 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° Cancellation conditions of a contractual nature ;
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, including repatriation costs in case of accident or illness ;
13° When the contract includes air transport services, l’information, for each flight leg, under section R. 211-15 to R. 211-18.
Article R211-5 Amended by Decree No. 2009-1650 of December 23, 2009 – art. 1
Prior information given to the consumer binds the seller, unless in it the seller has expressly reserved the right to modify certain elements. The seller must, in that case, clearly indicate to what extent these changes may occur and what elements. In any case, changes to the prior information must be communicated to the consumer before the contract is concluded.
Article R211-6 Amended by Decree No. 2009-1650 of December 23, 2009 – art. 1
The contract between the seller and the purchaser must be written, in duplicate, one of which is delivered to the buyer, and signed by both parties. When the contract is concluded electronically, 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, its guarantor and insurer and the name and address of the organizer
2° The destination or destinations of the trip and, in case of a holiday, the different periods and dates ;
3° The means, characteristics and categories of transport used, the dates and places of departure and return ;
4° The type of accommodation, his situation, its comfort and its main features and tourist classification under the regulations or customs of the host country ;
5° The catering services offered ;
6° The itinerary when it is a circuit ;
7° 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 the indication of any possible revision of this invoicing under the provisions of Article R. 211-8 ;
9° L’indication, If it's happened, royalties or fees for certain services such as landing fees, of embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price of the service or services provided ;
10° The timetable and terms of payment of the price ; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay to be carried out ;
11° The special conditions requested by the buyer and accepted by the seller ;
12° The terms under which the buyer can seize the seller of a claim for non-performance or poor performance of the contract, complaint must be addressed as soon as possible, by any means capable of producing a receipt to the seller, and, if necessary, notified in writing, the organizer of the trip and the service provider concerned ; 13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the realization of the trip or stay is linked to a minimum number of participants, accordance with Article 7 of R. 211-4 ;
14° Cancellation conditions of a contractual nature ;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11 ;
16° The details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the professional civil liability of the seller ;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of insurer) as well as those regarding the assistance contract covering certain specific risks, including repatriation costs in case of accident or illness ; in that case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded ;
18° The deadline for informing the seller in the event of assignment of the contract by the buyer ;
19° The commitment to provide the buyer, at least ten days before the scheduled departure, the following information :
to) The name, address and telephone number of the seller's local representative or, failing, the names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty or, failing, the phone number to establish urgently a contact with the seller ;
b) For trips and stays of minors abroad, a telephone number and an address for direct contact with the child or the person's place of residence ;
20° The clause for termination and reimbursement without penalty 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, the times of departure and arrival.
Article R211-7 Amended by Decree No. 2009-1650 of December 23, 2009 – art. 1
The purchaser may transfer his contract to a transferee who meets the same conditions as him for the trip or stay, As the contract has no effect. Unless more favorably stipulated to the assignor, it must inform the seller of his decision by any means capable of producing a receipt not later than seven days before the start of the journey. When it comes to a cruise, this period is extended to fifteen days. This assignment is not subject, never, prior authorization of the seller.
Article R211-8 Amended by Decree No. 2009-1650 of December 23, 2009 – art. 1
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 method of calculation, both upside and downside, changes in prices, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the part of the price to which the variation applies, the price of the currency or currencies used as a reference when establishing the price stated in the contract.
Article R211-9 Amended by Decree No. 2009-1650 of December 23, 2009 – art. 1
When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase and when it disregards the obligation of information referred to in Article 13 of the R. 211-4, the buyer can, without prejudice to recourse in redress of possibly incurred damages, and after having been informed by the seller by any means allowing him to obtain an acknowledgment :
- or terminate his contract and obtain, without penalty, the immediate reimbursement of the sums paid ;
- either accept the modification or the replacement trip proposed by the seller ; a rider to the contract specifying the changes made is then signed by the parties ; any reduction in price is deducted from any amounts remaining due by the purchaser, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned before the date of departure.
Article R211-10 Amended by Decree No. 2009-1650 of December 23, 2009 – art. 1
In the case provided for in Article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgment ; the buyer, without prejudice to claims for compensation for possible damage suffered, obtains from the seller immediate reimbursement without penalty of the sums paid ; the buyer receives, in that case, au moins une indemnité égale a penalty he Aurait supportée is the annulation was intervenue his box this date. The provisions of this Article shall in no case prevent the conclusion of an amicable agreement for acceptance, by buyer, a replacement trip or holiday offered by the seller.
Article R211-11
When, after the departure of the buyer, the seller is unable to provide a major part of the services under the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to recourse for any damages suffered :
- either offer services to replace the services provided by possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must refund, as soon as he comes back, The price difference ;
-that is, if he can not offer any replacement service or if they are refused by the purchaser for valid reasons, provide the buyer, no extra charge, of tickets to ensure his return in 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 non-compliance with the obligation under Article 13 of the R. 211-4.