General conditions of services

ACTIVE TOURS is a SARL (limited liability company) whose object is the creation, design, sale and commission on the sale of individual and group holidays, services that may be provided in connection with travel, holidays, services relating to tourist reception and the organization of guided tours, tourist packages, cycle hire, the sale of cycles, equipment and related products. SARL (limited liability company) with share capital of €25,000 and registered office at 5 allée Dr Bouley 21200 BEAUNE. It is registered in the Dijon Trade and Companies Register under number 538 028 796 and in the Atout France register of travel agents under number IM021 -120002.

Its intra-Community VAT number is FR95538028796.

ACTIVE TOURS is a member of APST, which provides its financial guarantee. ACTIVE TOURS has taken out professional civil liability insurance with Hiscox (19, rue Louis le Grand, 75002 Paris).

1. PURPOSE AND SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions govern the sale by ACTIVE TOURS of trips or holidays within the meaning of articles L.211-1 et seq. and R.211-1 et seq. of the French Tourism Code.

The purchase of trips and holidays from ACTIVE TOURS implies full acceptance of the general terms and conditions of sale by the client, who is deemed to have accepted them once the contracts have been signed. These conditions may change and in the event of a difference between those in the brochure and those on the website, those on the website shall prevail. The customer must consult the conditions on the website to ensure that they are up to date.

The full list of services included in the holiday is specified on the sales contract. The photos on the website are not contractually binding. In the event of any contradiction between the general terms and conditions of sale and the contract, the latter shall prevail.

2. ORDER PROCESS

The descriptive sheets on the ACTIVE TOURS website are designed to inform clients about the content of the services offered, the prices, the terms of payment, as well as the conditions for cancelling and modifying the trip, before placing an order. ACTIVE TOURS reserves the right to make changes on the website and in the brochures, in particular to the prices and content of the services, while respecting the conditions set out in this document.

You can register for trips and holidays with our advisers (by telephone or e-mail) or via our website www.active-tours.fr using the booking request form.

The registration process is as follows:

– Select the tourist product(s) of your choice.

– You fill in the order form, located on the website or sent by the advisor by e-mail, or you accept the sales contract pre-filled in by the advisor by return e-mail.

If the services chosen are available, registration for a holiday with ACTIVE TOURS is definitive. In this case, the client may only cancel the contract under the conditions set out in article 5 below. The sales contract is drawn up in duplicate and signed by both parties.

If the services are not available, alternative solutions will be offered to the customer. Acceptance of these modifications constitutes registration. If the modifications are refused, the contract is automatically terminated, and the sums paid are refunded in full.

3. PRICES

3.1. Price description

The descriptions of the holidays offered by ACTIVE TOURS detail what is included in the price and what is not. The categories available for each holiday are presented, but the photographs of the accommodation are purely illustrative and are not contractual.

Unless otherwise indicated, the basic package does not include transport to the place of departure, supplements, drinks, lunches, personal expenses, or unspecified activities. The price may vary during the season, but the one displayed on the website at the time of registration will apply. No refund or credit note is possible if the customer renounces certain services mentioned on the sales contract.

3.2 Terms of payment

– For all bookings made more than 30 days before the departure date, a deposit of 30% of the total price is required. The travel insurance premium offered by ACTIVE TOURS is also due in total at the time of registration.

– For all registrations made less than 30 days before the departure date, payment of the total amount of the trip or the outstanding balance is required.

3.3. Failure to pay the balance

Any failure on the part of the client to pay the balance within 15 days, whether in full or in part, will result in the suspension of the tour package, with the resulting costs being borne by the client, without prejudice to any action that may be taken against him. As a result, ACTIVE TOURS will not be obliged to keep the holiday available.

3.4. Payment methods

Payment for your order is made:

– by bank card: Customers can pay for their online purchases by bank card (Eurocard, Visa, Carte Bleue, Mastercard). ACTIVE TOURS has selected the secure payment solution of a major bank: La Caisse d’Epargne. At the time of ordering, when the client has to enter or communicate his card number and validity date, he will no longer be on the ACTIVE TOURS website but on Caisse d’Epargne site. The numbers given therefore never pass through the website and are never known or kept by ACTIVE TOURS.

After verification and agreement by the Caisse d’Epargne, you automatically return to the ACTIVE TOURS site to continue your purchases in complete security.

– By cheque: this must be issued by a bank domiciled in metropolitan France or Monaco. Only cheques made out in euros are accepted. Cheques are cashed on receipt.

Cheques should be made payable to ACTIVE TOURS and sent to: ACTIVE TOURS, Parc de la Bouzaise, 5 Allée Dr Bouley, 21200 Beaune.

The reservation with the payment by cheque will be effective only as from the reception of the cheque by the company Active Tours. The said reservation will be maintained 7 days after the date of the online request. After this time your order will no longer be guaranteed.

On receipt of this payment, confirmation will be sent to the email address indicated on your booking form.

4. GIFT VOUCHERS

It is possible to offer a beneficiary a voucher, a “gift voucher”, of a value equal to the total amount of the holiday purchased, paid in full at the time of purchase, with no departure date.

Gift vouchers are valid until the end of the tourist season (31 October) of the current year or, in the case of a purchase at the end of the year, until the end of the following season, unless otherwise stated on the voucher itself, subject to availability, and for the date stated. The expiry date is stated on the voucher itself.

Gift vouchers can be validated by email to info@active-tours.fr.

The order number and gift voucher number (indicated on the gift voucher itself) are required to validate any reservation.

Once a date has been booked, any cancellation of a booking will incur cancellation charges in accordance with the scale set out in article 5. The gift voucher will be reinstated on receipt of payment of the cancellation charges by bank cheque.

If you are unable to come to the meeting place on the day, you may give the gift voucher to an adult of your choice.

If the recipient of a gift voucher is unable to take part in the holiday offered within the period of validity, it is essential to notify us by email.

Gift vouchers may not be exchanged for cash in any form whatsoever, in whole or in part. They cannot be replaced if their period of validity expires. They may be transferred to a third party of legal age.

Gift vouchers are valid according to the dates mentioned above. They may not be used outside the tourist period (between 1 April and 31 October) unless otherwise stated.

5. ASSIGNMENT, MODIFICATION OR CANCELLATION OF THE CONTRACT

5.1. Modification or cancellation by the customer

Any request for cancellation or modification must be sent by e-mail. The date of receipt of the request will determine the applicable charges. In case of cancellation, if the customer has subscribed the cancellation insurance, as soon as the event preventing departure occurs, the customer should declare I online: www.chapkadirect.fr/sinistre. The insurance company will decide on reimbursement based on the documents provided.

Prior to departure, up to 8 working days before the scheduled date, any requested change will be charged at 5% of the price of the trip (with a minimum of €50/file) if ACTIVE TOURS can accommodate it.

Any request for modification at 7 and less than 7 working days before departure will be treated as a cancellation followed by a new registration.

Any cancellation, even partial, will incur the following cancellation charges:

For cancellations of bookings

– more than 30 days before departure: 10% of the total price

– 30 to 15 days before departure = 25% of the total price

– 14 to 8 days before departure = 50% of the total price

– less than 8 days before departure and after the departure date = 100% of the total price

In the event of a delay at the place of departure indicated in your travel pack, ACTIVE TOURS will do its utmost to find alternative solutions but declines all responsibility in the event of non-compliance with the planned services. Any costs incurred by these changes (taxi transfer, etc.) will be at your expense and must be paid on the spot to our partners.

If you do not turn up for the first service at the time and place indicated in your travel pack, or if you are unable to take part in the trip (due to a lack of the necessary documents, such as passport, visa, vaccination certificate, or other reasons), the trip will not be refunded under any circumstances, and the aforementioned cancellation fees will be payable to ACTIVE TOURS.

5.2. Partial cancellation of a booking and assignment of the contract

In the event of partial cancellation of a booking by one or more participants before departure, any additional costs will be borne by the other members. The remaining participants will be informed of the amount of these costs and the reasons justifying them before departure, and they will be able to refuse them. In accordance with article R.211-7 of the French Tourism Code, you may be replaced on your trip free of charge, provided that nominative vouchers have not been issued. You must inform ACTIVE TOURS of this by e-mail no later than 7 days before the start of the trip.

5.3. Changes made by ACTIVE TOURS

Before departure

If, before departure, ACTIVE TOURS has to make a significant change to the services of the booked tourist holiday, the client will be informed as soon as possible, by any means enabling confirmation of receipt of the information.

The client has two options:

–  Cancel the contract and obtain a full refund of the sums paid.

–  Accept the change proposed by ACTIVE TOURS. In this case, a new sales contract will be drawn up with the changes. In the event of a price reduction, the excess amount will be reimbursed before the departure date. In the case of a price reduction, the excess amount will be refunded before the departure date.

The client must inform ACTIVE TOURS of his decision (acceptance of the modification or cancellation) within 7 days of receiving the information. In the absence of a reply within this period, the client will be deemed to have accepted the proposed modification.

If ACTIVE TOURS cancels the holiday before departure, the client will be informed by any means that confirms receipt of the information. If no agreement is reached on a substitute trip, ACTIVE TOURS will reimburse the client in full and pay compensation at least equal to the penalty that the client would have incurred if the cancellation had been made by him/herself on that date.

After departure

If, after your departure, ACTIVE TOURS is obliged to make a major change to the services included in the tourist holiday, representing a significant percentage of the price, ACTIVE TOURS will endeavor to replace them with equivalent services.

If the solutions proposed are of inferior quality to those initially planned, ACTIVE TOURS undertakes to reimburse the difference in price to the client.

If no replacement solution is possible or if the client refuses the proposed solutions for legitimate reasons, ACTIVE TOURS undertakes to repatriate the client to the place of departure of the holiday, the place of arrival of the holiday, or any other place agreed between ACTIVE TOURS and the client. This provision does not apply in the cases described in article 7.

5.4. Cancellation by ACTIVE TOURS due to lack of participants:

The trip may by cancelled by ACTIVE TOURS if the minimum number of participants indicated on the brochure/ stay description has not been reached:

• 20 days before the departure date, for trips lasting more than 6 days.
• 7 days before departure date, for trips lasting 2 to 6 days.
• 48 hours before departure date, for trips lasting 2 days or less.

The customer will then be reimbursed for any sums paid but will not be entitled to any compensation.

6. RULES OF GOOD CONDUCT, LOSS, AND DAMAGE OF EQUIPMENT:

Each participant undertakes to be fit to cycle on public roads in such a way as not to constitute a danger to themselves or to others. To ride in accordance with the highway code and not to obstruct traffic.

ACTIVE TOURS organizes or reserves wine tasting during the tours. Under no circumstances is the consumption of alcohol recommended or encouraged by ACTIVE TOURS.

Helmets must be worn on guided bike tours and will be required by the guide. If for any reason the helmet is not worn, Active Tours declines all responsibility in the event of an accident.

The customer is entirely responsible for the condition of the rented bike at the end of the tour. The customer accepts to take responsibility for any repairs that may be required resulting from damage to the bike.

If the bike is damaged beyond repair (as determined by ACTIVE TOURS), or in the event of loss or theft, the client undertakes to pay €2,500 for an electrically assisted bike, €800 for a mountain bike, €1,950 for a road bike and €4,500 for an electric mountain bike.

In the event of significant damage to the equipment, the client undertakes to reimburse ACTIVE TOURS for the amount of the damage. In the same way, the client agrees to pay for all costs related to the loss or theft of the rented equipment.

 Notes on repair rates:

– Pronounced deformation of the rim €30

– Destroyed wheel €150

– Premature tire wear €10

– Damage to or loss of helmet €30

– Damage to electric bike meter €95

– Damage to a brake lever €30

– Damage to the bicycle frame €10 to €600 if the frame has to be replaced

– Damage to a handlebar €10

– Loss or damage to a Bosh battery €600

– Loss or damage to a front pannier €50 and a rear pannier €30

– Loss of a pump or anti-theft device €10

– Damage to rear derailleur €50

7. LIABILITY

ACTIVE TOURS cannot be held liable in any way for circumstances beyond its control, for events caused by third parties outside the scope of the services provided for in the contract, or for poor performance of the contract for which the client is responsible. ACTIVE TOURS cannot be held responsible for the execution of services purchased on site by the client and not provided for in the description, nor for transport to and from the place of departure and arrival of the tour. ACTIVE TOURS cannot be held responsible for any delays, changes in timetables or itineraries of the rail carrier, which the customer may decide to use before, after or during the tour period. In such circumstances, ACTIVE TOURS will not be liable for any compensation for any delays incurred.

8. INSURANCE

ACTIVE TOURS offers its clients the option of subscribing to one of 2 insurance packages, in partnership with CHAPKA Assurance Voyage.

The general and special terms and conditions of these insurances can be consulted in the Insurance section or on request. Cancellation insurance is only available to residents of the EU, Switzerland, Liechtenstein, Norway, Andorra and Monaco.

For non-European countries, we offer Assistance Insurance (Cap Schengen) during your stay.

Before or during your trip, it is your responsibility to personally contact CHAPKA Assurance or any other company that guarantees you for your trip, in order to activate the insurance. The insurance premiums, visa fees, registration fees and cancellation costs incurred more than 60 days before departure are not refundable by ACTIVE TOURS or the insurer. Cancellation insurance reimburses you for 24 guaranteed cases in the event of cancellation of your stay: illness, accident, loss of employment, summons to a make-up exam, modification, or cancellation of your leave by your employer.

For stays of less than 90 days, comprehensive insurance covers assistance as well as cancellation insurance. It protects you and your family throughout your stay.

The policy includes the following benefits during your stay:

– 24/7 repatriation assistance

– Medical expenses (up to €150,000)

– Luggage insurance

– Flight delay

– Personal liability abroad

– Pre-departure cancellation insurance

– Interruption of stay

– Capital accident

9. RIGHT OF WITHDRAWAL

In accordance with article L.121-20-4 of the French Consumer Code, the customer has no right of withdrawal once the order form has been accepted by e-mail.

10. COMPLAINTS

Any complaint is only admissible if it is notified to ACTIVE TOURS by any possible means.

In the absence of a satisfactory response, or in the absence of a response within

of 60 days, the customer may refer the matter to the Médiateur du Tourisme et du Voyage, whose contact details and procedures are available on its website: www.mtv.travel

11. PROFESSIONAL LIABILITY INSURANCE

ACTIVE TOURS has taken out an insurance policy no. RCP0224181 covering the consequences of its professional civil liability with HISCOX under the conditions stipulated by the texts in force. Amount of cover for all damages: €750,000 per insurance year.

12. PERSONAL DATA

ACTIVE TOURS collects personal data for registration purposes, in compliance with the French Data Protection Act of January 6, 1978.

The collection of this data enables ACTIVE TOURS to manage customer requests and ensure the execution of contracts. ACTIVE TOURS may, for the purposes of the holiday, pass on this data to its service providers (hoteliers, transporters, etc.) in France and other European Union countries.

Customers have the right to access, modify, rectify, and delete their personal data (art. 38 et seq. of the amended French Data Protection Act of 8.01.1978) collected by ACTIVE TOURS.

To exercise your rights, please contact ACTIVE TOURS by post at 5, allée du docteur Bouley 21200 Beaune, or by e-mail at info@active-tours.fr.

13. PRICE REVISION

In accordance with articles L. .211-12, R. 211-8 and R. 211-9 of the French Tourism Code, the prices stipulated in the contract may be revised upwards or downwards to take account of variations in the cost of transport (fuel/energy), fees and taxes and exchange rates. The customer will be informed of any increase in the total price of the package no later than 20 days before departure. This increase will be applied in full to the relevant part of the price (see brochure/stay description).

For any increase in excess of 8%, the customer will receive a durable document detailing the price variation, its impact on the package price, the choice of accepting or refusing within a reasonable period of time, and the consequences of failing to respond.