The following general conditions govern the relationship between the company GravelUp (hereinafter the "company") with the client (hereinafter the "Client") and the participants on the trips designated by the Client in the context of the organisation of cycling expeditions in France and abroad supervised by guides, which are the subject of the present document.
The contractual package (hereinafter the "Contract") is made up of these General Terms and Conditions of Sale and the Sales Contract and documents relating to the services referred to in the previous paragraph and which are given to the Client.
Any reservation implies the Client's unreserved acceptance and complete adherence to these general conditions.
IDENTIFICATION OF THE COMPANY :
The company GravelUp, SAS with a capital of 9 599€, registered with the RCS under the number 897 569 539, and whose head office is located at 21 rue Lalande, 75014 Paris.
Guarantor : APST
Travel agent licence: Atout France IM075220009
Telephone: + 33 6 33 13 69 24 (Olivier Heissler, Co-CEO)
Open : Monday to Friday (from 9am to 6pm)
ARTICLE 1: PRE-CONTRACTUAL INFORMATION OBLIGATION
Prior to entering into this contract, the Client acknowledges having received and read the informative documents provided by the Company, in particularly on the content of the proposed services relating to shipments, prices and payment terms, cancellation conditions and modifications to the contractual elements.
It is specified that registration for the expeditions assumes that the Client is in good physical condition and meets the requirements set out on our website, and that he/she is insured for repatriation assistance. A medical certificate authorising the Client to register may be requested.
In this context, the Company reserves the right to refuse the registration of participants who do not meet the compulsory prerequisites and the compulsory equipment. The Company reserves the right to refuse the departure of an expedition to a Client who is not deemed suitable in one or more of the disciplines concerned. The departure will be cancelled or the level will be replaced by an alternative where available, without the Client being entitled to claim any compensation. The Company reserves the right to refuse access to an expedition if the Client is not deemed suitable in the discipline concerned. The Company reserves the right to refuse the departure of an expedition to a Client who does not present himself with the necessary participating equipment for his safety.
Given the nature of the services, the Client is informed that the reservation is not open to people with reduced mobility and people who are not in good physical condition.
ARTICLE 2: ADMINISTRATIVE AND HEALTH FORMALITIES
The Client acknowledges having been informed of the administrative and health formalities for crossing borders. It is specified that the information provided is only valid for French nationals.
In the event that the Client designates participants of nationality(ies) other than French, he/she must specify this to the Agency when signing the present contract. The Company invites foreign nationals to contact the relevant embassies or consulates, who will indicate the specific police, customs and health formalities to be complied with for travel.
The completion and costs resulting from the police, customs and health formalities required for the reserved shipment, such as formalities relating to passports, national identity cards, residence permits, parental authorisation, visas, medical certificates and vaccination certificates are in the responsibility of the Customer.
In the event that the Client is unable to travel due to non-compliance with administrative and health formalities, the price paid will not be refunded, nor will the Company be held liable.
ARTICLE 3: PRICE
The Client agrees to comply with the contractually agreed terms of payment.
At the time of booking, the Client shall pay a deposit equal to 40% of the total amount of the booking to guarantee the order. The remainder is automatically debited 30 days before the departure date. In the case of a privatized group, the deposit will be equal to 50% of the total reservation.
If the Client makes a reservation less than 30 days before the departure date of the trip, the Client must pay the full amount of the order at the time of reservation.
In the event of departure not being confirmed by the company, the balance will not be taken and the deposit will be refunded.
In the event that payment of the balance could not be collected by the date agreed between the parties, the Agency will not be obliged to maintain the availability of the trip and the services. These will be considered as cancelled by the Client.
Unless otherwise provided for in the special conditions, the price of the services does not include the cost of visas, vaccinations, service charges, insurance, tourist taxes to be paid on site, supplements, drinks, tips and more generally any services not mentioned in the description of the product contained in the special conditions.
The renunciation by the Client or the participants in the trip of certain services included in the package or paid for as a supplement shall not give rise to reimbursement or to the establishment of a credit note.
ARTICLE 4: REVISION OF THE PRICE
The Company reserves the right to revise the prices of trips and stays in accordance with Article L.211-10 of the French Tourism Code in the event of a variation in the data used to determine the price of the trip.
It is specified that the price was established on the basis of the following economic data:
The cost of transport and in particular the cost of fuel; the amount of fees and taxes relating to the services offered, such as landing, embarkation or disembarkation taxes in ports and airports known on the day the Contract is signed; the exchange rates applied to the shipment concerned.
With regards to the cost of transport, the Agency will, where appropriate, pass on the amount of fuel surcharges communicated by the carrier and charged by the carrier. Carriers may decide to apply consecutive increases. In this case, these increases will be passed on by the Agency.
It is also agreed that the Agency may pass on to the Client any variations in fees and taxes. It is also specified that the Client shall be liable for any new tax(s) or fee(s) relating to the services offered that may be decided by French or foreign laws and regulations.
The price may also be revised in the event of a change in the exchange rate used to calculate the price of the trip or stay ordered by the Client.
However, in accordance with the law in force, the price can only be revised at the latest 20 days before the start of the trip.
Furthermore, in the event of an increase of more than 8% in the price, the Client has the option of refusing the change and terminating the contract. If the Client chooses to cancel the contract, he/she is entitled to a full refund of the sums paid without incurring any penalties or costs.
ARTICLE 5: CANCELLATION OF THE BOOKING
ARTICLE 5.1: CANCELLATION OF RESERVATION - INDIVIDUAL CUSTOMERS
Cancelation by the client
The Client may cancel the contract at any time prior to the start of the trip by paying a cancellation fee. If the cancellation occurs :
More than 90 days before departure => 75% refund / or 100% credit note of the amounts received valid for the next 12 months
Between 60 and 90 days before departure => 50% refund / or credit of 75% of the amount received valid for the next 12 months
30 to 60 days before departure => 25% refund / or 50% credit note of the amount received valid for the next 12 months
Less than 30 days before departure => No refund or credit of 50% of the amount received valid for the next 12 months
Please note that a credit note cannot be converted into a refund at a later date.
To protect yourself against last minute cancellations, GravelUp recommends taking out cancellation insurance with its partner Chapka Insurance, with a guarantee that also covers in case of contraction of the Covid-19. Please note that this insurance can only be taken out within 48 hours of ordering your trip.
More information here.
Cancelation by the company
In the event of an unconfirmed departure, all sums paid by the Client will be refunded. On the other hand, the sums paid by the Client for his transport will not be reimbursed by the company.
A postponement is possible and will be the solution preferred by the Agency and the Client. It is reminded that, if he/she informs the Company within a reasonable period of time, the traveller may assign his/her contract to an assignee who meets the same conditions, including medical conditions and physical fitness, as he/she does to carry out the trip or stay, as long as the contract has not come into effect. In this case, the Company will charge the costs of modification as imposed by its service providers. The transferor and the transferee are jointly and severally liable for the payment of the balance of the price as well as any additional fees, charges and costs incurred by this transfer.
ARTICLE 5.2: CANCELLATION OF RESERVATION - PRIVATIZED GROUPS
If the cancellation only concerns one or more individuals making up a privatized group, and the minimum number of participants required is still reached, then the cancellation conditions for INDIVIDUAL CUSTOMER bookings (article 5.1) apply.
If the cancellation concerns the entire group, the group may cancel the contract at any time before the start of the trip, subject to payment of a cancellation fee. If the cancellation occurs :
more than 30 days before departure => deposits paid are non-refundable
between 30 and 7 days before departure => 25% of the amount paid may be refunded
less than 7 days before departure => all sums paid will be forfeited to the company.
Please note: the amount of the deposit for privatized groups may vary from 40% to 50% depending on the commercial proposals, in order to reflect our partners' requests, particularly with regard to accommodation.
ARTICLE 6: MODIFICATION OF THE RESERVATION
The client has the right to change the date of their stay free of charge up to 30 days before departure.
Given the nature of the service and the physical conditions required, the Client may only modify the identity of the participants if these participants meet all the physical and technical conditions as listed in the special conditions.
Only GravelUp can validate this modification. In case of non-compliance with the conditions listed above, GravelUp will not accept the modification.
In application of article L.211-12 of the Tourism Code, the Company reserves the right to modify certain details of the holiday in relation to the information given prior to the signing of the contract.
ARTICLE 7 : MINIMUM NUMBER OF PARTICIPANTS
The Client is informed that the realisation of the holidays is conditional on the registration of a minimum number of participants to guarantee the departure. The Company undertakes to confirm a trip at the latest 30 days before the departure date. In the event that the holiday cannot take place due to the lack of the required minimum number of participants, the Traveller will be reimbursed for any sums paid, but will not be entitled to any compensation. The Client will be informed by email whether or not a holiday has been confirmed.
ARTICLE 8: INTERRUPTION OR NON PRESENTATION OF PARTICIPANTS AT THE START: "NO SHOW
No reimbursement will be made if the Client or one of the participants interrupts the service booked. No reimbursement will be made in the event that one or more of the participants in the trip do not show up at the departure time and place mentioned by the Company, or are unable to participate in the trip for any reason whatsoever.
ARTICLE 9: INSURANCE
The Client is informed that in any event, in the case of shipments outside his country of residence, he must have repatriation assistance insurance. The Client must provide proof of this when registering for the Expeditions outside their country of residence.
ARTICLE 10: RESPONSIBILITY
10.1 Responsibility of the Company
The Company is not liable for events or circumstances that are due to force majeure, third party acts that are not related to the provision of the services provided for in the contract, or poor performance of the contract attributable to the Client or the participants in the services.
The Company shall not be held liable in the event of a false declaration by the Client concerning his physical condition or his abilities. With regard to expeditions, the Client is responsible for his movements and itinerary.
The Client has been informed prior to departure of the risks inherent in the expeditions and in the preparation of these expeditions. The Client acknowledges that he is aware of these risks and accepts them.
The Company is not responsible for the loss or deterioration of valuables or movables belonging to the Client.
Nor is the Company responsible for the execution of services purchased locally by the Client or the participants in the trip and not provided for in the special conditions.
The client undertakes to submit and sign a liability and risk waiver form.
The liability of the airlines is governed and limited by their conditions of travel as well as by the Warsaw International Convention of 12 October 1929 and the Montreal Convention of 28 May 1999 and/or the EU Regulation of 11 February 2004.
In any event, the Agency's liability shall not exceed that of the airlines.
10.2 Responsibility of the Client
The Company has provided the Client with full information on the conditions of the Client's participation in " Expeditions ". Before attending the Expedition, the Client will provide GravelUp with a liability release form.
The Client is financially responsible for any damage he/she may cause during their stay.
The Client is responsible for all incidents or accidents that may occur to him or to third parties, in particular due to the adoption of dangerous behaviour or behaviour contrary to the notions recalled during the preparation of the trip, on the first day of the expedition.
The Client undertakes to respect the laws and regulations in force in the country in which he is staying.
ARTICLE 11: MODIFICATION BY THE AGENCY
If, prior to departure, compliance with one of the essential elements of the contract is rendered impossible as a result of an external event that is imposed on the company, the latter must warn the Client as soon as possible and inform the Client of the option available to him either to terminate the contract or to accept the change proposed by the Agency.
This warning and information must be confirmed in writing to the Client, who must make his choice known as soon as possible. If the Client cancels the contract, he shall be entitled, without incurring any penalties or costs, to the reimbursement of all sums paid, as well as any indemnities provided for by law.
ARTICLE 12: RECLAMATION
In the event of any difficulties encountered at the place of stay, the Client is invited to contact the Company or its local representative.
In addition, the Agency's customer service is open from Monday to Friday from 9am to 6pm. It can be reached by the Clients during their stay:
By dialling + 33 6 52 15 92 62 (Olivier Heissler, CEO)
At the following e-mail address: firstname.lastname@example.org
The Client's observations or complaints on the progress of the trip must be made by hand and by a registered letter with acknowledgement of receipt sent to the Agency's head office within 72 hours of the return of the stay or trip.
In the absence of a satisfactory response within 60 days, the Client may refer the matter to the Tourism and Travel Ombudsman (www.mtv.travel; MTV, Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17)
ARTICLE 13: AUTHORISATION
As part of the services provided, the Client or the participants designated by the latter will be filmed and photographed. The company will thus be able to give the Client a digital souvenir of his expedition.
In this context, the Client accepts the use of his image and authorises GravelUp to reproduce and exploit my image in the context of photographs and videos taken during the training sessions and expeditions in which I will participate.
This authorisation includes the possibility of making any modification, adaptation or deletion to the initial fixation of my image that it deems useful. The GravelUp company will be able to use, publish, reproduce, adapt or modify it, alone or in combination with other materials, by all means, methods or techniques currently known or to come.
This authorisation is valid for use :
For a period of : 3 years.
In the territories: World.
On all tangible and intangible media, in all formats known or unknown to date, and in particular, without this list being exhaustive: paper media (prints of photographs), catalogues and various editions, CD-ROM/DVD-ROM and other digital media, all audiovisual media, in particular cinema, TV and by all means inherent in this mode of communication, the Internet (including Intranet, Extranet, Blogs, social networks), all reception devices (smartphones, tablets, etc.), press media (television commercials, cinema commercials, etc.), internal communication media, promotional media (POS advertising, ILV, poster campaigns in all places, all sizes and on all media (urban, rural, etc.). ), press media (television commercials, cinema commercials), internal communication media, promotional media (POS advertising, ILV, poster campaigns in all places, all sizes and on all media (urban, airports, stations, public transport, etc.)), media intended for sale (merchandising products: postcards, posters, T-shirts, etc.), right of integration into another work / multimedia work.
This authorisation to use my image rights is granted free of charge.
ARTICLE 14: DISCLAIMER & ACCEPTANCE OF RISK
14.1 Risks inherent to the activity
The client acknowledges having been informed of the risks inherent in the participation in the training courses and expeditions offered by GravelUp.
The client has noted that, within the framework of the expedition, the risks linked to his participation are notably :
Injuries due to falls or other movements (sprains, strains, fractures, etc.);
Injuries from blunt or sharp objects (branches, equipment, etc.);
Cold or hypothermia;
Injuries resulting from accidental or non-accidental contact between individuals;\
Contact with water or drowning (during aquatic activities or near a watercourse), avalanche or falls;
Burns or heat disorders, food allergy
This list is not exhaustive.
14.2 State of health
The client certifies that his/her state of health and physical abilities allow him/her to participate in the activities proposed by GravelUp. He/she certifies that he/she has no known or treated pathology.
The client certifies that he/she has no physical, emotional or behavioural health problems that could directly or indirectly limit his/her participation in the activities.
14.3 Acceptance of risks
The client is aware that the activities offered by GravelUp take place in semi-natural or natural environments that may be rugged, and are therefore more remote from medical services. This could result in long delays in the event of an emergency requiring evacuation, and consequently, a possible worsening of the condition or injury. Having been made aware of these risks and having had the opportunity to discuss them with a person in charge of the activity, the client acknowledges that he/she has been informed of the risks inherent in the activities and is able to undertake the activity or stay in full knowledge of the facts and by accepting the risks that this stay or activity may entail. The client also undertakes to play an active role in the management of these risks by adopting a preventive attitude towards him or herself and towards other people around him or her.
14.4 Release from material liability
The client hereby waives all claims, as well as all claims for damages for any damage to property and equipment belonging to him. (Normal wear and tear, loss, breakage, theft.)
14.5 Authorisation to intervene in case of emergency
The client authorises GravelUp to provide all necessary first aid. He also authorizes GravelUp to take the decision in the case of an accident to transport me (by ambulance, helicopter, coast guard or otherwise) to a hospital or community health establishment, all, if necessary, at his own expense.
ARTICLE 15: APPLICABLE LAW AND JURISDICTION
The general and special conditions constituting the Contract are governed by French law.
Any dispute between the parties relating to the interpretation or execution of these terms and conditions shall be subject to the jurisdiction of the Courts of the registered office of the company.