General terms and conditions

Trips

Legal Validity and Consent of English Translation:

This here document is the English translation of the original French version which will be provided upon request. In the case of any dispute between Bike & Py and the participant(s), only the original French version of the document, and not the English translation, will be disputed.

Written consent to the English translation document is therefore written consent to the original French version.

For the purposes of practicality, the pronoun “he” in this document simply refers to the participant, regardless of the participant’s actual gender. In no instance does this pronoun refer to the participant provider.

Registration

Terms and conditions of registration:

The present general conditions of sale govern the offers of trips (and holidays) offered by Bike & Py. The participant acknowledges having read and accepted these conditions before confirming his booking.

Any registration for a trip must be made using the registration form signed by each participant or by means of the booking form completed and validated by the participant on the website “www.bikeandpy.com” and be accompanied by a deposit of 30% of the total price of the trip per participant (100% within 30 days of departure).

For any online registration request, the receipt of an e-mail from Bike & Py confirms the consideration of the booking and the deposit. In accordance with art. L.121-21-08 of the code of consumption, from the validation of the registration on the website, the participant can no longer benefit from a withdrawal period.The participant must pay the whole price of the trip no later than 30 days before departure.

Due to the specificities of the Bike & Py holidays, a minimum number of participants can be imposed. This number is then specified in the technical description of the trip.

The reservation is confirmed under the condition that the minimum number of participants is reached.Liberty trip and pre-arranged group travel may be subject to special conditions of sale which supplement and / or modify the present general conditions of sale. These particular conditions of sale will be attached to the proposals relating to these types of trips.

The registration must be made to the first and last names of the participant appearing on his passport or on the identity document used for the trip.

Minors:

A minor must be registered on the same booking as a responsible adult. The registration of minors must be signed by the parent or parents exercising parental authority and / or guardian with the mention “agreement of the father, the mother …”. During the trip, the minor must be in possession of all the necessary documents.

The minor remains under the responsibility of the holder of parental authority throughout the trip, regardless of the activities performed, despite the presence of a guide. The responsibility of Bike & Py can not be engaged in the event of lack of supervision. If the minor travels without their parents, the contact details must be communicated to Bike & Py before departure.

Physical skills:

The participant must ensure that his physical and mental conditions are adapted to the trip. Bike & Py can not be held responsible in case of physical insufficiency revealed during the trip. Bike & Py reserves the right to not allow a participant who does not meet the criteria of levels specified for information purposes in the technical description and to refuse that the participant continues his trip if it proves dangerous both for his person and for the other members of the group, without the participant being able to contest the decision taken by Bike & Py or request any compensation or refund.

Administrative and health formalities:

It is the responsibility of each participant to ensure before departure that he is in good standing with the police, customs and health formalities (passport, visa, vaccination certificate), and to respect these formalities during the trip. No refund of the trip will be made if the participant is unable to start because of non-compliance with these formalities.

Security:

It is the responsibility of each participant to read the safety instructions issued by local authorities and recommendations to travelers made by the Ministry of Foreign Affairs on the site “www.diplomatie.gouv.fr” and respect them. As this information may change until the date of departure, it is strongly recommended to consult it regularly.

Price and payment method

Price of the trip:

The services included in the price are indicated in the technical description of the trip. The rates applied are those in effect at the time of registration for the trip. Prices shown are expressed as “All Taxes Included”. The total price of the trip, including the possible supplements, is communicated to the participant for agreement, then mentioned on the invoice.

Price revision methods:

In accordance with the Articles L211-12 and R 211-8 of the Tourist Code, the price may be revised up to 30 days before the date of departure without the possibility of cancellation, in order to take account in particular of variations:

⦁ the cost of transport linked in particular to the cost of fuels;

⦁ exchange rates applied to the trip : The change in the cost of foreign currency will apply only to the amount of foreign currency that enters into the calculation of the price of the trip.

Any variation of above economic data above 25 euros will be fully reflected in the price of the trip. For participants already registered, this review will be notified no later than 30 days before departure. Participants are then required to pay this supplement. The refusal will be considered as a cancellation and will result in the application of the cancellation conditions below.

In the context of special offers, organized by Bike & Py, prices may be modified for promotional purposes. Participants registered for a trip, prior to a special offer, will not be able to solicit and benefit from the benefits of this offer.

Terms of payment:

The balance including additional options, insurance and assistance, is payable one month before departure. In the absence of payment of the balance one month before the departure, Bike & Py will be able to cancel the reservation without compensation and will apply the expenses of cancellation mentioned in the article 4. In case of registration less than one month before the departure, the the total price of the trip is to be paid during registration.

Assistance and cancellation insurance

The participant affirms to have multifaceted personal accident insurance covering his public liability for the following kind of risks : costs of cancellation, relief and repatriation during the trip, advance medical expenses, etc.

Bike & Py offers to each participant to subscribe an Assistance contract as well as a Cancellation contract.

If the participant chooses to subscribe to one of these contract, the notice detailing all the warranties and the procedures for reporting the claim will be sent to him upon confirmation of registration. Only the participant is responsible for the respect of the procedures of declaration of any disaster. The participant must therefore keep this agreement with him during the trip.

Assistance:

Assistance contract including the following guarantees:

⦁ Interruption of trip,
⦁ Individual accident (total or partial permanent disability greater than 30%, accidental death),
⦁ Repatriation assistance (transport / repatriation, health care costs, relief and research costs, legal protection, etc.).

Cancellation insurance:

Cancellation Agreement including the following guarantees:
⦁ Cancellation for medical events (illness or personal injury occurring to the participant or a family member, a medical contraindication for vaccination),
⦁ Cancellation for family events (death of the participant or a relative, convocation of the insured person for adoption),
⦁ Cancellation for professional events or studies (economic dismissal of the participant or his spouse, well-known partner, obtaining a job as an employee or a paid internship, professional transfer),
⦁ Cancellation for material events (serious material damage following burglary, fire, water damage, climatic event, etc.),
⦁ Cancellation for other events (refusal of tourist visa, lost of identity papers).

The Assistance and Cancellation contracts take effect upon subscription. At this date, the amount of the insurance premium is no longer refundable.

Changes requested by the participant

Cancellation:

Whatever the reason, he must notify Bike & Py immediately and confirm the cancellation in writing. Bike & Py will reimburse the full price of the trip less the cancellation fee (per person) below:

⦁ More than 60 days before departure: 5% of the price of the trip with a minimum of 50 €.
⦁ From 60 to 31 days of departure: 15% of the price of the trip with a minimum of 100 €.
⦁ From 30 to 21 days: 35% of the price of the trip.
⦁ From 20 to 14 days: 50% of the price of the trip.
⦁ From 13 to 7 days: 75% of the price of the trip.
⦁ Less than 7 days before departure: 100% of the price of the trip.

If the cancellation insurance contract has been taken out, it will apply for the reasons provided for in the contract, after study of the supporting documents by the insurer. The cancellation of trip does not exempt the full payment of the trip; any reimbursement procedure by the insurance can only be started under this condition.

Change or modification of the trip at the request of the participant:

More than 30 days before the departure, to change of trip or to modify the dates or the additional services of a trip, the participant will have to pay a minimum amount of 50 € by booking. Any modification will be subject to the prior agreement of Bike & Py and will be subject to availability. Less than 30 days before departure, any change may be considered a cancellation and result in the application of cancellation conditions above.

Modification during the trip at the request of the participant:

Any modification of program made at the request of the participant (extension, modification of hotel…) can be implemented only after agreement of Bike & Py and will be subject to the availability and the payment of the related expenses by the participant.

Interruption of trip:

Any trip interrupted by decision of the participant (for reasons of health, level, or other) does not entitle to any refund by Bike & Py of unused services. Any additional costs incurred by the participant will not be reimbursed.

Changes requested by Bike & Py

Cancellation by Bike & Py:

Due to insufficient number of participants:

When the minimum number of participants is not reached, the trip can be canceled no later than 21 days before the departure without Bike & Py being held to any compensation or indemnity for the benefit of the participant. In this case, the participant is informed by e-mail or phone. The participant then has the choice between the following options:

⦁ Full refund of amounts paid.
⦁ Transfer to the amount of the sums paid on another trip of his choice.
⦁ Modification of the trip in Liberty trip. Bike & Py then refunds the difference in price between the services planned and those provided.

Due to a case of force majeure:

Events constituting force majeure (incidents or unpredictable and insurmountable events such as wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.) may require a cancellation of the trip. In this case, the participant is informed immediately by e-mail or telephone. The participant then has the choice between reimbursement or postponement up to sums paid on another trip of his choice; he can not claim any compensation.

Modification of the trip:

Before departure, program changes (dates, times, routes, supervision, accommodation, etc.) may occur due to organizational difficulties or security issues. Each participant is then informed by Bike & Py. If this amendment affects an essential element of the program, the participant has the option of either terminating the contract without claiming any compensation, or accepting the modification proposed by Bike & Py. The participant’s presentation at departure implies acceptance of the modifications.

During the trip, program changes (dates, times, itineraries, supervision, accommodation, inversion of steps etc.) may occur due to organizational difficulties or for security reasons. If Bike & Py has the possibility, replacement services are offered to the participant. Otherwise, and except in case of force majeure, Bike & Py will refund the difference in price between the services planned and those provided.

Interruption of the trip:

Any trip may also be interrupted by Bike & Py decision for duly justified reasons. In this case, unless the interruption is due to force majeure, Bike & Py will refund the difference in price between the services planned and those provided.

Responsability

Public liability:

In accordance with articles L211-18 and R211-35 to R211-40 of the Tourism Code which governs our profession, Bike & Py is insured in Professional Civil Liability up to € 1,000,000 per insurance year. The contract was signed with ALLIANZ IARD, whose head office is located, 1 course Michelet – CS30051, 91076 PARIS LA DEFENSE Cedex FRANCE.

This contract number is : 58597082.

However, the responsibility of Bike & Py does not replace the individual civil liability that each participant must hold.

Responsability and risks incurred:

In accordance with the article L211-16 of the Tourism Code, the responsibility of Bike & Py can not be committed in the event of non-performance or bad execution of the contract attributable either to the buyer, or to the unpredictable and insurmountable fact of a third party who is not a party to the supply of the services provided to the contract, ie to a case of force majeure.

The responsibility of Bike & Py can not be engaged in case of:

⦁ Failure to submit valid administrative and health documents;

⦁ Loss by the participant or theft of airline tickets;

⦁ Wars, political unrest, strikes, technical incidents, bad weather, overcrowding of the airspace, delays notably for reasons of safety, breakdown, lost theft, delay or deterioration of luggage, bicycles and other effects, injunctions of an administrative authority etc.

⦁ Incident occurred during the free time granted to the participant and not provided in the description, or pre-routing or post-routing taken at the initiative of the participant;

In addition, Bike & Py organizes sports trips in natural terrain called adventure, sometimes far from local infrastructure and in difficult to access areas.

Given the special nature of our trips:

Each participant must comply with the advice given in the specification description. Each participant must be aware that he may be exposed to risks of all kinds due to local conditions (poor condition of roads and paths, poor means of communication, distance from medical centers, political or health situation, etc.). He assumes them with full knowledge of the facts and agrees not to blame Bike & Py. Similarly, Bike & Py can not be held responsible for the individual imprudence of one or more participants, Bike & Py reserves the right to exclude, at any time, one or more participants whose behavior would endanger the safety of the group or its well-being, without any compensation being due to the participant.

Bike & Py can not be held responsible for changes to schedules or itineraries caused by circumstances beyond its control. Under such conditions, the delay possibly suffered by the participant as well as the consequences of this delay can not result in any compensation to the charge of Bike & Py. Thus, the participants can not claim reimbursement or compensation, particularly because of the modification of flight dates originally planned or delay at an air stop, etc. Any additional costs (taxes, hotel, parking, repurchase of tickets …) will remain the responsibility of the participant.

Equipment and bike rental

Each participant is responsible for his equipment (bike, clothing and accessories) whether he owns or rent. We do not accept any liability in the event of a bicycle claim, in the event of a crash or theft.

In case of rental, a deposit is required and is payable by credit card. In the event of damage or theft of the rented equipment, Bike & Py reserves the right to keep the amount of the deposit. Refer to the General Conditions of Sale specific to the rental of equipment for more details.

Each participant is required to bring minimum clothing for the daily practice of biking in mountain (waterproof clothing, warm clothing, safety equipment, etc.).

The wearing of the helmet by the participant is compulsory for all children under 12 years old. It is also strongly advised by Bike & Py to all persons over the age of 12. Bike & Py declines any responsibility in case of non use of the recommended security elements.

Transport and Luggages

Air transport:

The responsibility of Bike & Py can not be engaged in case of difficulties of routing.

Luggages:

During the trip, the luggage can be transported by various means (vehicles, 4X4, …) and must be adapted to these conditions. Bike & Py will not pay any compensation in case of deterioration. Each participant is required to keep valuables at all times with him and under his responsibility. Each participant must ensure the presence of his luggage during the organization of transfers.

Image reproduction right

During trips, Bike & Py can use photographers / videographers or make photos / videos on their own. Bike & Py reserves the right to use these photos / videos for promotional purposes on its flyers, posters, websites, social networks, without this list is exhaustive.

The participant also authorizes Bike & Py to use his first name, his image, his marks, his opinions and comments without this list being exhaustive, in order to be reproduced and diffused online on the website www.bikeandpycom, for promotional purposes, bibliographic and / or information (“Testimonials” section).

Nevertheless, Bike & Py assures not to take and use any image that could be degrading or harm the participant.

In the event that a participant refuses the use of his name, his image of his marks, his opinions and comments, he must make the written request by mail addressed to Bike & Py, 16 Esplanade du Paradis, 65100 LOURDES France with acknowledgment of receipt, before the first day of the trip.

Disagreement

Claim:

Any complaint relating to the trip must be addressed by the participant to Bike & Py, 16 Esplanade du Paradis, 65100 LOURDES France – by registered letter with acknowledgment of receipt, at the latest 1 month after the date of return, accompanied by all the parts supporting. If there is no satisfactory answer within one month, the participant may appeal to the Tourism and Travel Ombudsman.

Disagreement:

Subject to the defendant’s status, any dispute is the sole responsibility of the Commercial Court of Tarbes.

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