1.1. The Company
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) are offered by SAS ARAVEBIKE, with a capital of €5,000, hereinafter referred to as “the Company”, registered in the Annecy Trade and Companies Register under number RCS 893 478 156, whose registered office is located at 121, impasse de Riante Colline, 74450, SAINT JEAN DE SIXT (hereinafter referred to as the “Registered Office”).
It can be contacted by telephone on the toll-free number +33 (0) 18.104.22.168.91, by e-mail at email@example.com or by post at the above address.
The Company is identified by INSEE under NAF code 8551Z for Teaching of sports disciplines and leisure activities.
1.2 Acceptance of the General Conditions
The Customer declares that he/she has read and understood the General Terms and Conditions of Sale (on the website, by sending these General Terms and Conditions of Sale with the reservation confirmation, or by reading them posted in the commercial premises (hereinafter referred to as the “Office”)), which constitute the Customer’s prior information in accordance with article L111-1 et seq. of the French Consumer Code, and that he/she accepts these General Terms and Conditions of Sale before confirming his/her reservation.
These General Terms and Conditions apply to all orders for rental services (hereinafter referred to as Rental Services) and for the teaching and coaching of muscle-biking or electrically-assisted mountain biking (hereinafter referred to as Escape Services), for both private and corporate customers.
These Services include Products (hereinafter referred to as “Products”) such as: bicycles, accessories, parts, locks, helmets, protection, etc. These Products are the responsibility of the Customer.
The Services are described in detail on the ARAVEBIKE website (or the “Site”), which can be consulted at the following address: https://aravebike.com/ .
The Customer may visit the Site, order and pay for Services on the Site, but must ensure that his or her means of information are secure, operational and virus-free.
Orders are placed by the Customer by email to firstname.lastname@example.org, by telephone on 06.68.65.67.91 or via the www.aravebike.com website or via the Starski ski school on 04.80.80.60.50 or by email to email@example.com.
The customer can fill in a contact form on the Site for a specific request. The Company will respond as soon as possible with a product proposal. Depending on the product, the customer may place an order alone on the Site. He selects the Service(s) he wishes to reserve. For each Service selected, the Customer adds it to his online basket (hereinafter “the Basket”) and continues his search for additional products if he so wishes. The customer accesses his Shopping Cart, visualizes the details of prices and products, validates his reservation, fills in his obligatory personal data and bank details and declares that he has read the GTC and the possibility of insurance. The customer receives a summary of his order by e-mail.
The Customer declares to be the owner of the means of payment used or to be duly authorized to use it.
An order will only be considered definitive, and therefore the Services effectively booked, when accompanied by payment of the deposit or the full amount depending on the service ordered. Orders are recorded and kept by the Company under the conditions and for the duration required by law. The customer may request access to this information by sending an e-mail to firstname.lastname@example.org.
A deposit is required by bank transfer via Stripe at the beginning of the Service and for all Rental Services. The deposit is between €500 and €1,000 per bike.
Reservations become effective on receipt of payment by cheque, credit card, cash or bank transfer.
3.2. Contract – State of the art
These General Terms and Conditions and the Customer’s order, together with the following payment, form the Contract. It is concluded for the duration of the Services mentioned on the order and until the return of the Service and the end of the Inventory of the equipment used during the Service.
The Inventory of Fixtures is carried out at the beginning and end of the Service. The status of the Products is scrupulously kept up to date internally by the Company in order to guarantee an excellent quality of service. In accordance with Article 8.4 hereinafter, the Condition Report shall be conclusive evidence of the general condition of the Products. The Customer signs the Rental Contract including the Condition Report and, by this action, acknowledges that he/she takes responsibility for the condition of the Products on return from the Service and undertakes to return the Products in the same condition as at the start of the Service.
Prices include all taxes, in euros, calculated on the basis of the data in force at the time the contract is signed. Prices are visible on the Site. These are subject to change without notice or justification. However, if a Service was purchased prior to the price change, the price of the Service will not be modified.
4.2. Payment procedure
Services are payable by: credit card / bank transfer / cash (maximum 1000€ for cash payments). For online bookings, full payment is due. In the case of direct booking by email or telephone, a deposit of 30% is required at the time of booking. The balance must be paid no later than 4 (four) days before the start of the Event. On receipt of the order accompanied by the aforementioned payment, the Company will provide a booking confirmation to the Customer, sent to the address provided by the Customer, who must provide a valid address.
In the event of non-payment by the Customer of the sums due within the aforementioned deadlines, the Customer will receive notification that his reservation is coming to an end and will be cancelled. In the event of non-payment of the balance, the reservation will be considered null and void. The Company may dispose of the reserved places as it sees fit and retain the full amount of the deposit paid, in accordance with Article 6.1 – Cancellation by the Customer.
5.1 – Modification
In the event that the Customer wishes to modify his/her reservation, particularly with regard to dates, times, levels or type of Services, the Company will attempt to reschedule the Services according to its possibilities and the availability of the Company’s instructors. There is no guarantee that changes to the Service requested by the Customer less than 15 (fifteen) days before the start of the Service can be modified, however the Company undertakes to do its best to rearrange the schedule according to the Customer’s needs. If the new Service chosen by the Customer requires a price increase, the Customer agrees to pay the difference.
5.2 – Group composition
A minimum and maximum number of participants is communicated to the customer in the description of the product booked in the Evasion Package. The minimum number must be reached for the outing to take place. The maximum number will be respected as far as possible. However, in the event of group modification, re-evaluation of participants’ levels or for any other reason, the group may contain more participants than the maximum indicated, without any discount, refund or compensation to the Customer.
5.3 – Specificities of snow biking
Mountain biking on snow is an activity that is highly dependent on the weather and snow conditions. Depending on the outside temperature and snow conditions, practice times and locations may have to be changed or the outing postponed from one day to the next.
6.1 – Cancellation by the Customer
In the event of cancellation by the Customer more than 15 (fifteen) days before the Event, the Customer will be reimbursed 90% of the cost of the Event, with the remaining 10% to be paid by the Customer for administration costs, including bank commission.
In the event of cancellation by the Customer less than 15 (fifteen) days before the start of the Event without reason, the deposit paid by the Customer, i.e. 50% of the price of the Event, will be due by the Customer who will not benefit from any reimbursement. If the customer has paid in full in advance, a 50% refund will be made. In the case of a valid reason (medical certificate), the refund will be 90%, with 10% retained to cover bank charges applied at the time of purchase.
If the Customer cancels less than 4 (four) days before the start of the Event, the total amount paid by the Customer will be due and the Customer will not be entitled to any refund. In the event of cancellation due to force majeure, the customer undertakes to notify the Company as soon as possible. The Customer’s failure to arrive at the date and time scheduled for the Service will not give rise to any postponement or reimbursement, except in cases of force majeure and where it is impossible to provide advance notice. The Customer’s late arrival for the Event is equivalent to a last-minute cancellation and will not result in any reimbursement or rescheduling of the Event.
Weather conditions are not always a reason for cancellation. Cancellation due to bad weather is subject to the Company’s discretion, as described below.
6.2 – Cancellation by the Company
In the event of cancellation by the Company, the Company will reimburse the customer the full amount of the deposit paid, plus a 10% compensation surcharge. However, some of the circumstances listed below are exceptions:
– If the minimum number of participants for an Evasion-type Group Event is not reached, the Company will offer a full refund of the Event or, with the Customer’s agreement, the Group Event will be transformed into a Private Event in proportion to the price paid by the Customer and its duration will be reduced. As a reminder, reaching the minimum number of participants is a sine qua non condition for the start of the Event, mentioned in the description of the Events visible on the Site.
– If the instructor assigned to the Event is ill or injured and unable to supervise the Event, the Company will offer the Customer the possibility of postponing the Event, and if this is not possible, a full refund of the sums previously paid by the Customer.
– If the Company deems that the weather conditions represent a risk for the Customer, the Company will propose a postponement of the Event. No refunds will be made except in the event of real impossibility of postponement, in which case the customer will be charged a 10% handling fee.
6.3 – Cancellation by the authorities
In the event of cancellation of the chosen outing by municipal or prefectural decision (e.g. the Nocturnes in winter), the reserved outing will automatically be switched to a practicable outing on a practicable route in the Aravis sector. The rate applied will be that of the new outing. A refund or additional payment will be made according to the price difference.
6.4 – Covid-19 or similar pandemic
In the event of cancellation due to a governmental decision to close the site or due to the impossibility of traveling, the Customer will be reimbursed within 2 months of the date of the cancelled Event.
7.1 – Modifications and responsibilities of third parties
The Company provides Evasion Services through independent professional instructors or, where applicable, external Service Providers, who are qualified professionals in their fields and hold professional liability insurance.
If, for safety, medical, meteorological or technical reasons, the Company or the instructor in charge deem that the Event must be modified in any way (itinerary, duration, stopover), they cannot be held responsible and no compensation will be granted.
7.2 – Force Majeure
The Parties shall not be held liable if the non-execution or delay in execution of the agreements is due to force majeure, as defined in article 1218 of the French Civil Code. The requesting Party must inform the other Party without delay. Suspension of obligations shall not give rise to liability for non-performance, nor result in the payment of damages or late penalties. Performance of the Service is suspended for the duration of the force majeure. The Parties will make every effort to perform the Service as soon as possible after the force majeure has ceased, or will organize a postponement or cancellation (article 6) if the force majeure is not temporary.
7.3 – Covid-19 and similar
In the wake of the Covid-19 health crisis, and in accordance with current health recommendations, the company is doing everything in its power to guarantee customers a safe environment, with equipment disinfected every time a customer changes, and premises that are ventilated and limited in terms of the number of people inside. As in all public places, masks must be worn on our premises. During the activity, compliance with barrier gestures is mandatory. All rental items are carefully disinfected after each use.
7.4 – Personal protective equipment
Children under 12 years of age must wear a helmet when mountain biking in urban traffic and during our services. Helmet and glove rental are included with all Services. Rental of kneepads and elbow pads is included in the Prestation Évasion package.
The Company also recommends back protection for children, and knee and elbow protection for all, regardless of age. These are available for hire from the Company and are highly recommended.
8.1 – Personal insurance
The Company confirms that it holds Civil Liability insurance with MMA Rumilly (MMA PRO-PME insurance contract no. 000000147069466), including coverage for bodily injury to the Customer. The customer may insure himself against the risks inherent in this type of sporting activity. Accidents de la vie” insurance is available through the FFC Fédération Française de Cyclisme license, or through the “le Vieux Campeur” Club Card, covering members for all types of sporting activity, including mountain biking.
In winter on ski slopes (Noct’e-Bike/Funk’e-bike activity), snow square insurance is recommended (in the event of rescue on slopes without insurance, the victim must pay for the rescue).
8.2 – “Marmotte Futée” warranty insurance
The Company offers damage guarantee insurance covering breakage or deterioration of bicycles and their accessories (rented or included in the Services), up to 90%. This insurance is sold by the Company. The customer adds the insurance to his online order. This will be activated at the start of the Service and terminated at the end of the Service, after having carried out an inventory of the Products supplied to the Customer.
In the event of a claim, the Customer and the Company declare the claim together. The customer must pay 10% of the invoice amount (minimum €10). Damage caused by the customer is different from wear and tear, which is covered by the Company. These two types of damage are differentiated in detail on the Rental Contract signed by the Customer before the start of the Service.
8.3 – Theft, Loss
The Customer undertakes to return the Products (bike and accessories supplied) on the date and at the time of the end of the Service. In the event of non-compliance with this commitment, the Customer must pay the full value of the equipment if it is declared stolen or lost, as indicated on the Rental Contract signed at the beginning of the Service. The Company will provide proof of payment, which the Customer is free to forward to his insurance company. If the Customer refuses to pay, the Company will file a criminal complaint with the competent legal authorities.
The Customer is entirely responsible for the loss or theft of the Products or certain parts of the Products, and will be billed for the public price of the lost or stolen Product as well as the repair time required to restore the Product to the Company’s stock, according to the rate table communicated before the start of the Service on the Rental Contract.
8.4 – Security deposit
The customer must provide a deposit payable to the Company of between €500 and €1,000 depending on the range of equipment rented, even if he or she has taken out the aforementioned Marmotte Futée insurance. This deposit will not be cashed and will be cancelled within 24 hours of the end of the Service if, after completion of the Inspection, the Products are returned intact.
In the event that the Customer does not take out or does not validly take out Insurance, and the Products are not respected, broken, damaged, lost or stolen, the Company reserves the right to use all or part of this Deposit to replace/repair the Products.
In the event of an accident to a customer during a group activity supervised by an instructor, the group must give priority to the accident victim and act accordingly. The Services will not be reimbursed in the event of an accident making it impossible for the Customer to continue the Services. The Company may, depending on circumstances, extend the duration of the outing for other participants, where possible. At the Customer’s express request, the Company may provide any documentary evidence enabling the Customer to obtain reimbursement of the Service from his own insurance company in the event of an incident occurring during the Service.
In the event of dissatisfaction, the Customer must first notify the Company in order to reach an agreement.
In the event of failure to reach an amicable agreement, any claim or dispute must be made in writing by registered letter, accompanied by any supporting documents, and addressed to the registered office of ARAVEBIKE, within 15 working days following the Event.
The Company will provide the customer with the contact of a mediator listed among those of the CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice) of which the Company is a member.
Any dispute which cannot be resolved amicably, or which is deemed to be unjustified, shall be referred to the court assigned to the customer’s place of residence.
The 14 (fourteen) day Right of Withdrawal cannot be exercised in the case of Services provided by the Company, in accordance with the provisions of article L.121-21-8 of the French Consumer Code, the extract of which is reproduced literally:
“The right of withdrawal cannot be exercised for contracts […].
12° Accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or during a specific period; […]”.
By taking advantage of the Services, the Customer accepts the possibility of appearing on communication media that may be used by the Company for advertising purposes. In the event of refusal on the part of the Customer, the latter must notify the Company in writing, and the Company shall refrain from using any content in which the Customer appears, and if the content has already been distributed, shall remove it if possible.
The Arav’e-Bike name and brand, as well as the logos, visuals and all signs represented on this Site are the exclusive property of the Company.
The Company may modify its GTC at any time, but Services rendered prior to such modification shall be subject to the terms of the GTC prior to such modification.