ARTICLE 1: PURPOSE
1-1- The present terms and conditions constitute the General Terms and Conditions of Sale for the services marketed by LYON BIKE TOUR, i.e. the organization of Electrically Assisted Bicycle (EAB) tours with a guide, following predefined routes, enabling the discovery of the city of Lyon. Tours are conducted in French or English.
ARTICLE 2: GENERAL PROVISIONS
These General Terms and Conditions of Sale are reserved solely for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf.
In accordance with articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of Goods and Services sold electronically are available on the www.lyonbiketour.com website. These General Terms and Conditions of Sale apply to all sales of Goods and Services by SARL LYON ORIGINAL TOURS. The present General Terms and Conditions of Sale apply to all CLIENTS who participate in the services sold by LYON BIKE TOUR, even if the CLIENT has not booked the service himself. By participating in the service sold, the CLIENT is deemed to have accepted the present terms and conditions of sale. The conditions specific to the sale of each tour (price, route, etc.) as well as the General Terms and Conditions of Sale will be those in force on www.lyonbiketour.com on the date of confirmation of the reservation. LYON BIKE TOUR reserves the right to modify all or part of these General Terms and Conditions of Sale at any time. The CLIENT declares that he/she has read the present General Terms and Conditions of Sale before confirming the reservation. Validation of the reservation therefore implies unreserved acceptance of the present General Terms and Conditions of Sale.
ARTICLE 2 : RESERVATION
Reservations for services marketed by LYON BIKE TOUR must be made at least 12 hours in advance and are subject to stock availability.
2.2 Reservation procedure
Reservations for services marketed by LYON BIKE TOUR can be made by telephone on +33 (0)220.127.116.11.47, by e-mail at firstname.lastname@example.org or directly online at www.lyonbiketour.com. In all the above cases, the order is considered validated only if the customer receives confirmation by e-mail.
ARTICLE 3 : PAYMENT
The CLIENT pays for his order online by credit card or by cheque, cash or bank transfer no later than the day of the service.
ARTICLE 4 : CANCELLATION AND REFUND
4.1 Reservation cancellation by the customer (private individual)
If the CLIENT wishes to cancel his/her reservation, he/she must inform LYON BIKE TOUR at least 72 hours before the start of the service ordered, by e-mail at the following address email@example.com, by telephone at the following number: +33 (0)18.104.22.168.47 or by registered letter with acknowledgement of receipt to the following address SARL Lyon ORIGINAL Tours, 51 rue Saint Maximin, 69003 Lyon France. In the event of cancellation by registered letter with acknowledgement of receipt, the date of receipt of the letter will be taken into account for the calculation of the aforementioned period. Reimbursement will be made within thirty days of cancellation by bank transfer. Any cancellation made less than 72 hours before the date and time of the reserved service will not be accepted by LYON BIKE TOUR and will not give rise to any reimbursement. Any partial or total interruption of a service due to the CLIENT will not give rise to any reimbursement or compensation.
4.2 Cancellation for private services (groups & companies)
Total cancellation D-30: no penalty. D-30 and D-7: 50% charge. D-7 to D: 100% charge
Partial cancellation D-30: no penalty. D-30 to D-7: modification up to 50%. Validation of headcount on D-7
4.3. Cancellation of service by LYON BIKE TOUR
LYON BIKE TOUR reserves the right to cancel the service booked, if the safety or interests of the participants so require. The decision to maintain or cancel the service rests with LYON BIKE TOUR. In the event of cancellation by LYON BIKE TOUR, the latter undertakes to reimburse the CLIENT for the full amount paid. In the event of interruption of the service after it has begun, LYON BIKE TOUR undertakes to reimburse all or part of the sum paid, the amount of which will be assessed by LYON BIKE TOUR. Reimbursement will be made within thirty days of cancellation, by bank transfer.
ARTICLE 5: SERVICES
The content of the services is described on the website www.lyonbiketour.com LYON BIKE TOUR provides the CLIENT with an Electrically Assisted Bike and its equipment, in order to carry out a predefined tour, with a guide.
5.1 The Electrically Assisted Bike and its equipment
The Electrically Assisted Bicycle (EAB) provided has sufficient autonomy for the proposed tour time and includes the following accessories: – a poncho in case of rain- a protective helmet, a charlotte and a basket at the front. The bike can be fitted with a child seat on request (+€5).
5.2 Access to services
Access to LYON BIKE TOUR services is open to minors aged 12 to 18 accompanied by an adult meeting the weight and height criteria below.
The bike can be used by a person measuring over 1m45 and weighing less than 120 Kg.
5.3 Tour schedule
The meeting point is at the historic Lyon courthouse, 23 Quai Romain Rolland, 69005 Lyon, at the time indicated. The guide will then pick up the tour guests and take them to the bike room in the Parc Saint Jean (Lyon Parc Auto). The tour starts at the Lyon Parc Auto bike room, Pont Maréchal Juin, 69005 Lyon.
The CLIENT must arrive at the meeting point at least 15 minutes before the tour departure time. The times indicated on the booking confirmation must be respected. Delays of more than 15 minutes will result in cancellation of the tour, without entitlement to any reimbursement or compensation.
5.4 The tour guide
Before setting off, the guide explains the safety rules, distributes the safety equipment and explains how the Electrically Assisted Bicycle works. The tour leader decides on the pace of the tour, breaks and itinerary, adapting them to the ability of the participants. The tour leader/Guide reserves the right to cancel the tour, or to modify the route if the safety or interests of the participants so require.
5.5 Customer participation conditions
The CLIENT undertakes to use the bicycle in a reasonable and prudent manner. The CLIENT declares that he/she is able to use an electric bicycle and that he/she is physically fit to do so. The CLIENT undertakes to comply with the Highway Code and the safety instructions issued by LYON BIKE TOUR prior to departure. The CLIENT is not authorized to leave the group, unless exceptionally invited to do so by the guide. The CLIENT is solely responsible for his/her actions on public roads. LYON BIKE TOUR cannot be held responsible for any accident caused by the CLIENT or a third party. The CLIENT assumes custody of the electric bicycle and its equipment, which are placed under his/her responsibility.
5.6 Returning the bike
The CLIENT undertakes to return the bike provided at the end of the visit. The bike must be returned to the collection point located in the bike room at Parc Saint Jean (Lyon Parc Auto), Quai Romain Rolland, 69005 Lyon.
ARTICLE 6: LIABILITY – INSURANCE
LYON BIKE TOUR provides its customers with an electric bicycle that is in good working order, regularly serviced and compliant with current regulations and safety requirements. LYON BIKE TOUR has taken out third-party liability insurance. At the time of the tour, the guide will give safety instructions, which the CLIENT undertakes to follow. Safety instructions can be consulted and printed at the following address: www.lyonbiketour.com
Safety instructions are sent by email to each customer who has booked. The CLIENT is solely responsible for the bike he/she uses. LYON BIKE TOUR cannot be held responsible for any damage sustained by the CLIENT during the tour. The CLIENT is solely responsible for any damage caused to third parties or other participants during the tour. The parents or legal guardians of a minor participating in the visit will be held responsible for any damage caused by the minor during the visit. The CLIENT is hereby informed that he/she must have personally taken out civil liability insurance, which covers him/her in particular for the use of bicycles, in order to guarantee him/her in the event of damage occurring during the visit. In the absence of such insurance, Lyon BIKE Tour cannot be held responsible for the absence of this personal guarantee. All fines and penalties that may be due as a result of the use of the Electrically Assisted Bike by the CLIENT are the CLIENT’s sole responsibility.
ARTICLE 7: LOSS, THEFT AND DAMAGE
From the moment they are made available to the CLIENT until they are returned by the CLIENT, the Electric Bicycle and its equipment are placed in the CLIENT’s custody. The CLIENT shall be solely responsible for any loss, theft or deterioration of the bike and its equipment. In the event of loss, theft or deterioration of the bike and its equipment, the CLIENT undertakes to compensate LYON BIKE TOUR by paying an indemnity valued at the maximum according to the
scale available at www.lyonbiketour.com and which is as follows: The following items broken, stolen or damaged:
Theft or total destruction: 2000€ – Frame scratches (30€) – Rims (50€) – Discs (30€) – Saddles (40€) – Luggage rack (50€) – Frame (200€) – Anti-theft device (100€) – Headlights (40€) – Pedal (20€) – Motor (400€) – Battery (300€) – Fork (100€) – Steering (250€)
The CLIENT declares that he is aware of this scale and undertakes to pay the pre-established compensation at LYON BIKE TOUR’s first request. The CLIENT authorizes LYON BIKE TOUR in advance to request, on the eve of the service, a direct debit authorization for the amount of €2,000 from his/her bank account, it being specified that this amount will not be debited. In the event of any damage, the CLIENT authorizes LYON BIKE TOUR to cash the deposit cheque.
ARTICLE 8- AUTHORIZATION TO PUBLISH PHOTOGRAPHS
During the provision of services, photographs of the CLIENTS may be taken. The CLIENT is informed and accepts that photographs in which he appears may be published by LYON BIKE TOUR on its website and on social networks such as Facebook, Instagram, Twitter…, for promotional purposes.
If the CLIENT does not wish photographs in which he appears to be published by LYON BIKE TOUR on its website, he must inform LYON BIKE TOUR before the start of the service or afterwards by sending an e-mail to the following address firstname.lastname@example.org.
ARTICLE 9 – CONFLICT, JURISDICTION AND APPLICABLE LAW
The present terms and conditions are governed, interpreted and applied in accordance with French law, the language of interpretation being the French language in the event of a dispute over the meaning of a term or provision of the present terms and conditions. In the event of translation into one or more languages, the French text alone shall prevail in the event of dispute. Subject to the provisions of public policy applicable in matters of jurisdiction, the courts of the registered office of LYON BIKE TOUR shall have exclusive jurisdiction to hear any dispute relating to the performance or interpretation of these terms and conditions. The waiver by one of the parties of a clause of the Contract may not be interpreted as a waiver of another clause of the Contract. The possible nullity of a clause of the Contract shall not entail the nullity of all or part of the Contract; such a clause shall be deemed unwritten. The headings preceding the articles of this Contract are for guidance only. In the event of difficulties of interpretation between one of these headings and a provision of the present Contract, the headings will be declared non-existent.