fr Terms and conditions of use of Alpes Aventures
ALPES AVENTURES offers to private individuals (hereinafter referred to individually as the "Customer" or collectively as the "Customers") hire, rides and courses (hereinafter referred to as "Courses", "Rides", "Stays" or "Services") in electric bicycles and/or scooters.
Article 1 - Purpose of the contract
The purpose of these general terms and conditions is to govern the relationship between ALPES AVENTURES and the Customer for orders placed on the www.alpesaventures.com website, in the reception area of ALPES AVENTURES shops and by telephone, and to define the respective rights and obligations of the parties.
These general terms and conditions of sale also govern the hire of Bicycle(s), some of which have electric assistance, and Scooters (hereinafter referred to as "the Rented Goods") with the basic equipment offered by ALPES AVENTURES, whose registered office is located at 1935 Route Nationale - 74120 Megève, to the Customer.
The Customer acknowledges having read all the provisions of these general terms and conditions and accepts them without restriction or reservation.
In the event of any contradiction between the terms of these general terms and conditions and those of the quotation, the terms of the quotation shall prevail.
Consultation of the Site by the Customer is also subject to the General Terms and Conditions of Use available on the Site, which the Customer declares to have read and to accept unreservedly.
ALPES AVENTURES reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site.
The General Terms and Conditions of Sale applicable are those in force on the Site on the date the order is placed by the Customer.
Article 2 - Details of services offered
2. 1 Walks, courses and other supervised services
Details of the course, destination and itinerary are given in the ALPES AVENTURES brochures and on the http://www.alpesaventures.com website.
Departure and arrival times are given as an indication only, and ALPES AVENTURES reserves the right to modify them, in which case it undertakes to inform the Client of the definitive times no later than the day before the service.
Services are open to groups of no more than TEN (10) people.
Also, for the service to be maintained, there must be a minimum number of participants set for each service and indicated by ALPES AVENTURES.
The place of departure is indicated by ALPES AVENTURES depending on the service. It is given as an indication only and ALPES AVENTURES reserves the right to modify it, in which case it will be provided at the latest the day before the service.
For each service, ALPES AVENTURES specifies whether or not the meal is included in the information documents.
Prices include all tours, excursions and other services offered and detailed in the brochures or on the http://www.alpesaventures.com website at no extra charge.
ALPES AVENTURES invites the Client to take note of these characteristics.
The Customer is informed that no animals will be accepted.
2.2 Equipment hire
ALPES AVENTURES undertakes to hire bicycles, scooters, equipment and accessories that comply with current regulations and are in good working order. The equipment and accessories are fixed in accordance with safety standards,
All rented bikes and scooters come with the following basic equipment:
- Electric assistance system consisting of a motor, battery and console (for bicycles with electric assistance only),
- Anti-theft device (on request)
- Helmets on request (compulsory for children under 12 and highly recommended in general).
- Gloves on request
- Protective gear on request (back, full-face helmet, knee and elbow pads) for downhill mountain bikes
➢ Minors
Participants who are minors must be accompanied by an adult or have parental authorisation signed by their legal representative to hire a bike or scooter.
All children under 16 must be accompanied by an adult.
Children under 12 must wear a safety helmet.
Article 3 - No right of withdrawal
The Customer's attention is drawn to the fact that, in accordance with the provisions of article L221-18 12° of the French Consumer Code, the right of withdrawal cannot be exercised for catering or leisure activity contracts that must be supplied on a specific date or during a specific period.
Article 4 - Cancellation or modification of the service
4.1 On the part of ALPES AVENTURES
Modification
In the event that ALPES AVENTURES is obliged, prior to departure, to make a change to one of the essential elements of the contract or is unable to comply with one of the essential elements of the contract as a result of an external event, the Client may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by ALPES AVENTURES by any means enabling acknowledgement of receipt to be obtained :
- terminate the contract and obtain an immediate refund of any sums paid, without penalty;
- or accept the modification and/or the substitute tour proposed by ALPES AVENTURES, in which case an amendment to the contract specifying the modifications made will then be drawn up by the parties, it being specified that any reduction in price will be deducted from any sums still owed by the Client and, if the payment already made by the Client exceeds the price of the modified service, the overpayment will be returned to the Client before the departure date.
In the event that ALPES AVENTURES finds itself unable, after departure, to provide a preponderant part of the services provided for in the contract, representing a non-negligible percentage of the price paid by the Client, ALPES AVENTURES will immediately take the following steps, without prejudice to any claims for compensation for any damage suffered
- or offer services to replace the planned services, possibly at an additional cost, it being specified that if the services accepted by the Client are of inferior quality, ALPES AVENTURES will reimburse the difference in price upon the Client's return;
- or, if no replacement service can be offered or if these are refused by the Customer for valid reasons, ensure the Customer's return, at no extra cost, under conditions that can be deemed equivalent, to the place of departure or to another place accepted by both parties.
➢ Cancellation
In the event that ALPES AVENTURES, through no fault of the Client, cancels the service or rental before departure, ALPES AVENTURES will inform the Client of this by any means enabling acknowledgement of receipt to be obtained and will immediately reimburse the Client, without penalty, for all sums paid, if the parties are unable to reach agreement on a substitute service or date, without prejudice to any damages to which the Client may be entitled.
4.2 By the Customer
➢ Modification
Services cannot be modified at the Customer's request.
In addition, if the Customer interrupts the service during the day or decides not to take advantage of certain services or visits offered and for which the price has been included in the package, no refund, even partial, will be given.
➢ Cancellation
A service
In the event of cancellation by the Client more than TEN (10) days before the date scheduled for the service, for whatever reason, particularly but not exclusively in the event of illness, cancellation or postponement of his activity, the deposit paid by the Client will be retained by ALPES AVENTURES as a penalty.
In the event of cancellation by the Client less than TEN (10) days before the date scheduled for the service, for whatever reason, in particular but not exclusively in the event of illness, cancellation or postponement of his activity, the Client will be liable for the totality of the sums provided for in the Contract, which will be retained by ALPES AVENTURES.
Cancellation must be made before midnight (00:00), taking into account the number of full days remaining before the start date of the service.
This cancellation policy applies to each of the participants in the day, according to the number communicated by the Customer and included in the Contract, even if the service is maintained with other participants in the same group.
When the Customer makes a reservation for a group of participants, the reservation is binding on the number of participants registered. Any withdrawal of one or more of the participants will be invoiced in accordance with the above conditions for modification and cancellation. If the Client cancels more than ten days before the planned date, ALPES AVENTURES will retain the deposit as a penalty. If the cancellation is made less than ten days before the planned date, the participant is liable to pay ALPES AVENTURES the full cost of the service.
A rental
Any request for cancellation must be made by the Client, by telephone or on the premises of ALPES AVENTURES under the following conditions:
- 48 hours or more before the start of the rental period, full refund of the amount paid for the reservation of the rented property.
- In the last 24 hours before the start of the rental period, the Hirer reserves the right to charge a cancellation fee corresponding to the full amount paid for the reservation of the rented Property.
Cancellation fees will not be charged in the event of illness (with presentation of a certificate) on the part of the Hirer, or in the event of unsuitable weather conditions (violent weather presenting a danger for the practice of the activity). However, the Customer undertakes to inform the Hirer of any cancellation.
The cancellation will take effect as soon as the Hirer is informed by the Customer of his request.
Article 5 - Customer obligations
The Client acknowledges and guarantees that he/she is over 18 years of age and has the legal capacity to contract with ALPES AVENTURES.
The Customer undertakes to :
- provide ALPES AVENTURES with accurate information, in particular their personal identification data, a valid e-mail address, a telephone number and accurate bank details;
- provide ALPES AVENTURES with any information and particularities concerning all the participants in the service that may affect its running and enable ALPES AVENTURES to organise the service in the best possible way: surname, first name, age, food allergies, intolerances, etc...
- update the information provided in the event of a change ;
- respect the timetable communicated by ALPES AVENTURES ;
- maintain a correct and respectful attitude towards the other members of the group and the service providers met during the day.
The Client declares that he/she is fit to practise cycling and mountain sports and is not aware of any medical contraindication. ALPES AVENTURES cannot be held responsible for any damage caused by the Client's inaptitude.
5.1 Hire of bicycles and/or scooters:
➢ Commencement, availability and collection: The rental takes effect when the Customer takes possession of the equipment and accessories delivered to him/her and ends at the scheduled time of return of the rented Goods.
If the Client keeps the equipment beyond this period without having regularised his situation, he will be liable to late payment penalties. If the delay exceeds 12 hours, ALPES AVENTURES reserves the right to initiate any proceedings necessary to defend its interests.
➢ Deposit: Prior to handing over the rented equipment, the user must deposit a supporting document such as a valid identity card, driving licence, passport or credit card. A bank deposit will also be requested prior to hire, the amount of which will not be debited. This deposit will be automatically cancelled after 7 days.
ALPES AVENTURES does not accept cheques as deposits.
The deposit will be returned to the user on return of the rented equipment.
➢ Responsibility: The Customer acknowledges having received the rented Property in good working order with the basic equipment. He/she declares that he/she personally had full latitude to check the equipment and choose it in accordance with his/her needs.
The Client undertakes to inform ALPES AVENTURES of any impact to the helmets, for safety reasons.
The accessories supplied with the equipment must not be removed or modified by the Customer.
The Customer undertakes to make personal use of the rented Goods. Lending, subletting, transferring or pledging the equipment is strictly prohibited.
In general, the Client undertakes not to grant any right, real or otherwise, in respect of the Rented Property to anyone, likely to affect its enjoyment or to limit its availability or the full ownership of ALPES AVENTURES.
Any aggressive or disrespectful behaviour or refusal to comply with these conditions will result in refusal of the rental.
➢ Breakdowns and damage
The Client is asked to use the bike and/or scooter "with due care" and to respect the instructor's instructions. ALPES AVENTURES may under no circumstances be held responsible for any misuse of the goods supplied for the service.
The Client must inform ALPES AVENTURES without delay and return the rented Property in the event of breakdown or damage to the Property or its accessories. The Client may not undertake repair work on his/her own initiative.
At its request, the rented Property will be replaced by a property of the same type, subject to availability and in the absence of fault on the part of the user, for the remaining period.
The Customer may not claim reimbursement of costs or invoices, or damages.
In addition, any intervention by ALPES AVENTURES to help the Client (intervention at the Client's request and travel to the location indicated by the Client) will be invoiced to the Client at the current rate displayed in the shop, unless the intervention is a consequence of a fault on the part of ALPES AVENTURES.
➢ Taking effect, making available and recovery
The rental takes effect when the Customer takes possession of the equipment and accessories delivered to them and ends at the scheduled time of return of the rented Goods.
If the Client keeps the equipment beyond this period without having regularised his situation, he will be liable to late payment penalties. If the delay exceeds 12 hours, ALPES AVENTURES reserves the right to initiate any proceedings necessary to defend its interests.
Article 6 - Prices and payment
The total cost of the service must be paid by the Customer at the time the order is placed on the website or when the reservation is made by telephone or at the counter.
Prices are in euros, net and inclusive of all taxes for private customers.
The price of the service is set out on the www.alpesaventures.com website.
The rental amount is non-refundable in the event of early return of the Rented Property.
6.1 Payment and methods of payment for online services
Payment is by credit card.
In accordance with article L.132-2 of the French Monetary and Financial Code, the undertaking to pay given by means of a payment card is irrevocable. By communicating his bank card details, the Client authorises ALPES AVENTURES to debit his bank card for the amount corresponding to the price of the Services, all taxes included.
To this end, the Customer confirms that he/she is the holder of the bank card to be debited, that the name appearing on the bank card is indeed his/her own and that he/she has the necessary authorisations to make the payment where applicable. The Customer shall provide the sixteen digits and expiry date of their credit card and, where applicable, the visual cryptogram numbers.
In the event of fraudulent use of his/her bank card on the Site, the Customer is invited to contact ALPES AVENTURES on the following number: 04 58 23 1000 from Monday to Friday from 9am to 12pm and from 3pm to 6pm or by e-mail at the following address: direction@alpesaventures.com.
In the event that it is impossible to debit the sums owed by the Customer, the online sale will be immediately cancelled by operation of law and the order will be cancelled.
For each order, the Customer will receive an order confirmation with a summary of their booking. A detailed invoice may be sent by e-mail on request.
Transactions carried out on the Site are secured via the Stripe system. The Client's data cannot be detected, intercepted or used by third parties. At no time do the Client's financial data pass through the ALPES AVENTURES computer system.
The STRIPE system checks that the connection with the Customer's browser is secure before sending the payment form to the banking institution carrying out the financial transaction.
6.2 Payment and methods of payment for in-store services
The Customer must pay for the entire service before hiring the equipment covered by this contract.
The following methods of payment are accepted: cheques, holiday vouchers, cash and bank card. A payment link will be sent directly to the Customer's e-mail address so that the Customer can pay for the service in advance.
Article 7 - Liability and insurance
7.1. Liability
ALPES AVENTURES is liable for direct damage likely to occur during the provision of the service offered and caused by its acts or omissions or those of any of its agents, employees, servants, representatives, contractors or others, with the exception of those resulting from the fault of the Client, the fault of a third party not involved in the provision of the services provided for in the contract, or a case of force majeure.
The Customer declares that he/she is covered by valid civil liability insurance.
During the period of the service, the Customer becomes the guardian of the Rented Property and is liable for any damage caused to a third party by its use.
Except in the case of subscription to "Bike Insurance", the Client does not benefit from any insurance cover from ALPES AVENTURES for damage to the rented Property and is personally liable.
However, the Customer may not be held liable for any harmful consequences arising from hidden defects in the equipment supplied or non-apparent wear and tear that makes it unfit for the use for which it was intended, provided that proof of said defects or wear and tear can be provided by the Customer.
In the event of theft of the equipment, the Client must inform ALPES AVENTURES without delay, lodge a complaint with the appropriate authorities and provide a photocopy of the complaint.
In the event of breakage, the Customer undertakes to return the damaged equipment, which must be identifiable and complete. Damage to the equipment will be invoiced to the Customer at the current rate, i.e. the list price of the product.
In the event of failure to comply with the above clauses and/or in the event of damage to the equipment supplied or accessories, and/or in the event of loss or theft, the Customer will be required to pay the following invoices:
- Invoice for the cost of the equipment based on its value, less a percentage for obsolescence of 20% per year;
- Invoice for an amount equivalent to the corresponding repair invoice, in the case of repairs following damage or missing parts.
- Invoice for the amount of the late payment penalties indicated in the tariff conditions
A receipt will be given to the user on request, once payment has been received.
Nevertheless, ALPES AVENTURES reserves the right to take any action against the Client in the event of failure to comply with a clause of these conditions (in particular the non-return of the Bicycle) in order to obtain compensation for the entire loss suffered.
The Client is strongly advised not to take any valuables with them, but only those items strictly necessary for the smooth running of the services. ALPES AVENTURES declines all responsibility in the event of loss or theft during the day, the Client being solely responsible for his/her personal belongings.
7.2 Breakage and theft insurance
In partnership with Tulip, ALPES AVENTURES offers the Customer the option of taking out "Bike Insurance" as part of the rental of a Bike. This insurance covers the Bicycle in the event of :
- Breakage: Material damage that alters the insured property. Breakage may be partial (when the insured asset can be repaired) or total (when the insured asset is beyond repair).
- Theft: Fraudulent deprivation of insured property by a third party, either by assault or by breaking and entering.
To this end, regardless of how long the Bicycle is parked, the Customer undertakes to attach it to a fixed point using the anti-theft device supplied.
During the period of validity of the Guarantee is covered :
In the event of Breakage :
- For short-term rental: 1 (one) single claim per insured item, up to the amount of the repair bill excluding VAT (which cannot exceed the value of the item) less an excess of 10 % and a minimum of €10.
- In the event of theft: 1 (one) single claim per insured item in the event of theft, up to the value of the item less an excess of 10 %.
* The full description of the "Bike" insurance and its exclusions can be found in the enclosed information leaflet, which we invite you to read carefully before deciding whether or not to take out the insurance.
The duration of the Contract is identical to the duration of the bike hire contract.
An explanatory Information and Advice Sheet prior to taking out the "Assurance Bike" contract is available to the Customer on request.
Article 8 - Personal data
The Client authorises ALPES AVENTURES to save personal information concerning him/her, with a view to carrying out the services offered, automated profiling of Clients, client management and market research.
The personal data collected by ALPES AVENTURES is strictly necessary for the provision of the service.
The Client also authorises ALPES AVENTURES to transmit its personal data to professionals who contribute to the proper performance of services for the Client.
Finally, the personal data communicated by the Client may be used by ALPES AVENTURES for commercial prospecting purposes for services similar to those already provided by ALPES AVENTURES.
Customers are informed that if they do not wish to be the subject of commercial canvassing by telephone, they may register free of charge on an anti-demarketing list, for example: www.bloctel.gouv.fr.
In accordance with French and European regulations on the protection of personal data, the Client is reminded that he/she has the right to access and rectify his/her personal data, which he/she may exercise by contacting Alpes Aventures, indicating his/her surname, first name and e-mail address, by e-mail at the following address: contact@alpesaventures.com or by post at : Alpes Aventures, 1935 Route nationale, 74120 MEGEVE.
They may also, for legitimate reasons, object to the processing of data concerning them.
Article 9 - Force majeure
Any circumstance beyond the control of ALPES AVENTURES that presents the characteristics of force majeure (unforeseeable, irresistible and external) and prevents it from honouring a service, will lead to the service being postponed to another date on a commercial basis, without the Client being able to claim additional damages.
Article 10 - Assignment
ALPES AVENTURES reserves the right to transfer the benefit of these General Terms and Conditions of Sale to any other legal entity, in the event of a merger, takeover, transfer of the business or branch of activity or any other operation resulting in a change of co-contractor, which the Client expressly accepts. The transferee will then be fully subrogated to ALPES AVENTURES in the rights and obligations resulting from these General Terms and Conditions of Sale.
For its part, the Customer may assign this contract to any person of its choice who fulfils the same conditions as it does in order to provide the service, as long as the contract is not in force.
In such a case, the Client is obliged to inform ALPES AVENTURES of its decision by any means enabling an acknowledgement of receipt to be obtained no later than seven (7) days before the start of the service.
Article 11 - Non-waiver
The fact that ALPES AVENTURES does not apply, does not require the application of or does not avail itself of any of the provisions of these General Terms and Conditions of Sale shall not be interpreted as a waiver of the right to invoke this or any other provision at a later date.
Article 12 - Amendments to these General Terms and Conditions of Sale
ALPES AVENTURES reserves the right to modify the provisions of these General Terms and Conditions at any time and without prior notice.
Article 13 - Independence of clauses
In the event that one or more stipulations of these conditions are held to be invalid, the validity of the other stipulations shall not be called into question unless they are inseparable from the invalid provision.
Article 14 - Entire agreement between the parties
These General Terms and Conditions of Sale and the Contract sent to the Customer form a contractual whole and constitute the entire agreement between the Parties.
Article 15 - Complaints
Any Client who has any complaints about the provision of the service must send them as soon as possible to ALPES AVENTURES, by any means that allows an acknowledgement of receipt to be obtained.
In this respect, the Client is strongly advised to make ALPES AVENTURES aware, on site and in writing, of any shortcomings in the performance of the contract.
Complaints based on a subjective assessment by the Customer, other than any breach objectively observed, will not be taken into consideration.
ALPES AVENTURES will do its best to deal with claims within four (4) weeks of receipt.
Article 16 - Applicable law and jurisdiction
16.1 These General Terms and Conditions of Sale are governed by French law.
16.2 In the event of a dispute concerning these General Terms and Conditions or the performance of the service offered, the Client is informed that he/she may have recourse free of charge to a consumer mediator, external to ALPES AVENTURES, with a view to the amicable resolution of the dispute, after an attempt at amicable settlement has failed directly with ALPES AVENTURES according to the procedure described in article 17, in accordance with the provisions of the Consumer Code.
Failing mediation, the French courts shall have jurisdiction.
The competent court will be designated in accordance with the rules of procedure in force in France at the time of the dispute.