GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions govern the relationship between Baroudeur Cycling (hereinafter referred to as the "Company") and the client (hereinafter referred to as the "Client") and participants in the cycling expeditions designated by the Client, both in France and abroad, organized and led by guides, as described herein.

The contractual agreement (hereinafter referred to as the "Contract") consists of these General Terms and Conditions of Sale, the Sales Contract, and the documents related to the services mentioned in the previous paragraph and provided to the Client.

Any reservation implies the Client's unconditional acceptance of and full adherence to these general terms and conditions.

IDENTIFICATION OF THE COMPANY

Baroudeur Cycling, SAS with a capital of €10,000, registered with the RCS under the number 948 241 575 R.C.S Nantes, with its registered office located at 5 Route des Dodinières, 44640 Nantes.
Guarantor: APST
Insurer: HISCOX
Travel agency license: Atout France IM045230002
Phone: +33 7 72 50 70 55
Contact: Cousin Jérôme
Hours: Monday to Friday (9:00 AM to 6:00 PM)

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ARTICLE 1: SCOPE AND PRE-CONTRACTUAL OBLIGATIONS

1.1 Scope:

These General Terms and Conditions of Sale (GTC) govern the sale of cycling trips, associated services, and related services offered by Baroudeur Cycling. These terms apply to all reservations made directly with our company, whether through our website, by phone, or in person. They are in accordance with the applicable laws governing the travel agency profession, particularly Articles L.211-1 and following of the Tourism Code.

1.2 Acceptance of Terms:

Purchasing or booking a trip or service with Baroudeur Cycling implies the Client's unconditional acceptance of these GTC. The Client declares that they have read and accepted all the provisions of these GTC without any restrictions. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.

Only the French version available on the Company's website at the time of payment, or its PDF version in French if maintained, shall govern the sale of trips or stays at the time of sale and shall be binding on the Company. Any paper version will be deemed invalid in case of contradiction with the terms and conditions on the Company's website at the time of payment or first payment.

1.3 Pre-contractual Information Obligations:

Before concluding the contract, the Client acknowledges that they have received and reviewed the information provided by Baroudeur Cycling, including the content of the services, price, payment methods, cancellation conditions, and possible contract modifications.

1.4 Physical Condition and Equipment:

Participation in our cycling trips requires appropriate physical fitness. The Client may be required to provide a medical certificate confirming their ability to participate in the activity. Baroudeur Cycling reserves the right to refuse the participation of any Client who does not have the necessary equipment or does not meet the required physical criteria for the trip.

1.5 Restrictions:

Some of our trips may not be suitable for people with reduced mobility or those whose physical condition is not adequate. It is the Client's responsibility to inform themselves and ensure they are fit to participate in the chosen trip.

ARTICLE 2: RESERVATION, ADMINISTRATIVE, AND HEALTH FORMALITIES

2.1 Reservation:

Reservations for a trip or service with Baroudeur Cycling can be made via our website, by phone, or in person. Any reservation implies the unconditional acceptance of these general terms and conditions of sale. The Client acknowledges that they have received all the necessary information to ensure that the offer meets their needs. Confirmation of the reservation will be sent to the Client by email, along with a copy of these general terms and conditions of sale. In accordance with Article 1365 of the Civil Code, information provided electronically has the same evidentiary value as written on paper.

2.2 Administrative and Health Formalities:

Before traveling, the Client must ensure that they have fulfilled all the necessary administrative and health formalities to cross borders. This information is provided as an indication for French nationals. Foreign nationals must consult the competent embassies or consulates to know the specific formalities for their nationality. The Client is responsible for obtaining and paying for all necessary documents, such as passports, visas, medical certificates, and others. If the Client does not comply with these formalities, they will not be entitled to any refund or compensation from Baroudeur Cycling.

2.3 Trip Description:

The trip descriptions are provided to give an overview of the stay. They are given as indicative and may be modified depending on risks. The consequences of such modifications are described in the article "Modifications - Trip Cancellations" below. In particular, photos on the website, regardless of their nature, do not bind the Company to provide identical services, as these photos are published solely for the purpose of illustrating the comfort, service, or other categories that may be offered. Only the descriptions on the reservation form are authoritative and binding on the Company.

ARTICLE 3: PRICES AND MODIFICATIONS

3.1 Prices:

The Client agrees to respect the payment conditions defined at the time of booking. At the time of booking, a deposit of 40% of the total amount is required. The balance is automatically deducted 30 days before the departure date. If the reservation is made less than 30 days before departure, full payment is required. In case of cancellation by Baroudeur Cycling, the deposit will be refunded.

3.2 Price Revision:

Baroudeur Cycling reserves the right to revise prices in case of significant cost variations, including fuel costs, taxes, and exchange rates. Any price modification will be communicated to the Client at least 20 days before departure. If the increase exceeds 8% of the initial price, the Client may cancel the reservation without penalty.

3.3 Inclusions and Exclusions:

The price includes all the services mentioned at the time of booking. Additional costs, such as visas, vaccinations, and other non-mentioned expenses, are the responsibility of the Client.

ARTICLE 4: PAYMENT CONDITIONS

4.1 Reservation and Deposit:

When booking a trip with "Baroudeur Cycling," a deposit of 40% of the total trip amount is required to confirm the reservation. This deposit is non-refundable except under the conditions provided in these GTC.

4.2 Payment Balance:

The balance of the total trip amount must be paid no later than 30 days before the start date of the trip. For reservations made less than 30 days before departure, the total trip amount is due at the time of booking.

4.3 Payment Methods:

"Baroudeur Cycling" accepts payments by credit card or bank transfer. Bank transfer details will be provided at the time of booking confirmation.

4.4 Late Payment:

Any delay in payment will result in the application of penalties at the legal rate in effect, without prejudice to "Baroudeur Cycling's" right to cancel the reservation. Penalties are due without reminder and accrue automatically from the day following the scheduled payment date.

4.5 Payment Security:

All transactions made on the "Baroudeur Cycling" website are secure. The Client's banking information is not stored under any circumstances.

4.6 Legal Compliance:

These payment terms comply with the provisions of the Tourism Code and the GTC of professional tour operators.

ARTICLE 5: WITHDRAWAL

In accordance with Article L.221-28 of the Consumer Code, the Client has no right of withdrawal once the reservation form is validated.

ARTICLE 6: MODIFICATION – CANCELLATIONS

The purchase of a trip with the Company is subject exclusively to the following cancellation and modification conditions:

ARTICLE 7: CANCELLATION POLICY – BAROUDEUR CYCLING

7.1 Cancellation by the Client

1.1 The Client may cancel the contract at any time before the start of the trip, subject to payment of cancellation fees. If the cancellation occurs:

• More than 90 days before departure: Refund of 75% of the amounts paid.
• Between 60 and 90 days before departure: Refund of 50% of the amounts paid.
• Between 30 and 60 days before departure: Refund of 25% of the amounts paid.
• Less than 30 days before departure: No refund.

1.2 To protect against last-minute cancellations, Baroudeur Cycling recommends purchasing cancellation insurance.

7.2 Cancellation by Baroudeur Cycling

2.1 Baroudeur Cycling reserves the right to cancel the trip in the following cases:

• The minimum number of participants required for the trip to proceed is not met.
• Payment has not been made by the Client(s) according to the schedule established by Baroudeur Cycling.
• Special conditions that could compromise the safety of the group (weather, pandemic, political reasons); force majeure.
• In case of cancellation for one of these reasons, a full refund of the amounts paid will be made.

7.3: Modifications

3.1 The program may be modified in case of force majeure, special conditions at the time that could compromise the safety of the group. Baroudeur Cycling commits to offering equivalent replacement services or refunding the corresponding amounts.

3.2 The Client may request changes to their travel options after signing the contract. Each modification incurs administrative fees.

7.4 Transfer of Contract

4.1 In accordance with Article L211-11 of the Tourism Code, Baroudeur Cycling allows Clients to transfer their travel contract to a third party. The transferor and transf

ARTICLE 8: Force Majeure and Limitation of Liability

The Company shall not be held liable, nor will any compensation be due, in the event of modification or cancellation resulting from a case of force majeure (such as attack, terrorism, bad weather, strike, etc.) or due to the Client's exclusive fault. The Company disclaims any responsibility for damages caused to the Client by a third party. It is also not responsible for the proper execution of transportation services to the departure point or from the arrival point. Generally, the Company cannot be held liable for any failure of a service provider chosen and paid directly by the Client during their trip or stay. The Client is responsible for (theft, damage, etc.) the equipment (bicycle, GPS, etc.) in their possession during their stay, as well as for the infrastructure in which they are located.

ARTICLE 9: INTERRUPTION OR NON-PRESENTATION OF PARTICIPANTS: "NO SHOW"

The interruption of the reserved service by the Client or any of the participants will not result in any refund. No refund will be issued if one or more participants fail to appear at the departure, at the times and places specified by the Company, or are unable to participate in the trip for any reason.

ARTICLE 10: MINIMUM NUMBER OF PARTICIPANTS

The Client is informed that the execution of trips is conditional upon the registration of a minimum number of participants to ensure the departure. The Company commits to confirming the trip no later than 30 days before the departure date. If the trip cannot be carried out due to the failure to reach the required minimum number, the Traveler will be refunded all amounts paid but will not be entitled to any compensation. The confirmation or non-confirmation of a trip will be communicated to the Client by email.

ARTICLE 11: INSURANCE POLICY AND RESERVATION

11.1 Civil Liability Insurance: In accordance with Article L. 211-18 of the Tourism Code, "Baroudeur Cycling" holds civil liability insurance covering bodily, material, and immaterial damages that could be caused to its clients, except those resulting from the use of a motor vehicle.

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11.2 Travel Insurance: The price of the trip does not include travel insurance. By purchasing a trip, you confirm to the company that you have at the beginning of the trip:

• Trip cancellation
• Repatriation in case of accident or illness
• Damage caused to third parties
• Medical care and other expenses in case of accident
• Baggage theft

11.3 Insurance Partners: In case of not having insurance or if your insurance policy does not include the above-mentioned guarantees, "Baroudeur Cycling" offers an insurance option in partnership with [XXXXXXXXPartner NameXXXXXXXX], covering these risks. Details of this coverage and the partner’s contact information will be provided upon request.

11.4 Client Obligations: The client is required to verify their existing insurance coverage before purchasing any additional insurance offered by "Baroudeur Cycling." In case of a claim, it is the client’s responsibility to contact their insurer directly to initiate the insurance.

ARTICLE 12: SAFETY RULES APPLICABLE TO THE ACTIVITIES OFFERED BY THE COMPANY

12.1 Safety Rules: ‍

The trips offered by the Company include cycling on road networks and/or off-road areas that may present inherent risks. Wearing a helmet is mandatory. By purchasing a trip or stay, the Client certifies:

• That they have bicycle control compatible with the content of the trip or stay described in the corresponding descriptive sheet;
• That they are medically fit to practice the activity under the conditions stated in the trip or stay descriptive sheet;
• That they commit to respecting the applicable safety rules, whether resulting from the Road Code or instructions issued by the Company or accompanying staff, as applicable;
• That they assume the inherent risks of cycling.

The Client acknowledges that the accompanying staff may, if deemed necessary, refuse to continue the activity for safety reasons or clear physical insufficiency. The provisions of Article 7.1 apply. Additionally, the Client acknowledges that the accompanying staff may, at any time, at their sole discretion and based on circumstances, modify or cancel a service or route. The provisions of Article 7.4 will then apply. In any case, the provisions of Article 8 apply, especially in cases of bad weather or if the Client questions their safety or that of the group.

12.2 Third-Party Services:

The Company is also not responsible for the execution of services purchased on-site by the Client or participants that are not included in the specific conditions. The Client agrees to sign a waiver of liability and acceptance of risks form.

ARTICLE 13: COMPLAINTS

In case of difficulties encountered at the place of stay, the Client is invited to contact the Company or its local representative. Additionally, the Agency’s customer service is open Monday to Friday from 9:00 AM to 6:00 PM. It is reachable by the clients during their stay by calling +33 7 72 50 70 55 or by email at info@baroudeurcycling.com. Client observations or complaints regarding the conduct of the trip must be made in writing and sent by registered mail with acknowledgment of receipt to the Company’s headquarters within 72 hours of returning from the trip. If a satisfactory response is not received within 60 days, the Client may contact the Tourism and Travel Mediator (www.mtv.travel; MTV, Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17).

ARTICLE 14: PERSONAL DATA PROTECTION

Clients are informed and accept that the personal information collected by the Company, notably via its website, will be processed and integrated into the Company's files, with the Company being the holder and responsible for these files. For this purpose, the Company provides clients with the appropriate technical means to access this data protection clause or any other useful information. Unless otherwise indicated, responses to questions about personal data are voluntary. Additionally, Clients are informed that the data they provide will be included in files held by the Company for the following purposes: maintaining the contractual relationship with the Company, managing administration, providing, extending, and improving services the Client chooses to use or to which the Client decides to subscribe, aligning these services with the Client’s preferences and tastes, studying service usage, and designing new services or products. The purpose of collecting and processing personal data also includes sending survey forms, to which the client is not obliged to respond.

The Company has adopted legally required levels of protection for personal data and has implemented all technical means and measures to avoid loss, misuse, alteration, unauthorized access, and theft of personal data provided to the Company. However, the client must be aware that internet security measures are not infallible. Personal data will be kept by the Company for the duration of the trip or stay, and for a period not exceeding five years after the date of the last connection of the client to their personal account or five years after the date of payment of the entire or partial trip if no personal account is opened.

In accordance with the Law, you have the right to access, cancel, rectify, and oppose your personal data. By agreeing to these general terms and conditions of sale, you consent to the collection and use of this data for the execution of this contract. By entering your email address on one of the Company’s sites, you may choose to receive emails containing information and promotional offers regarding products issued by the Company and its partners. To exercise your rights of access, cancellation, rectification, and opposition concerning your personal data, a written request can be sent to the Company at the following address:

SAS Baroudeur Cycling
5 Route des Dodinières, 44640 Le Pellerin, France

You can also exercise these rights through the management sections of your personal account. You may unsubscribe from our emails by clicking the link provided for this purpose or by contacting the Company by email or by registered letter with acknowledgment of receipt at the above address.

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ARTICLE 15: PHOTOS – ILLUSTRATIONS

By accepting these general terms and conditions of sale, you authorize the Company to take photos or film for promotional and commercial purposes the trips it organizes or to use and reproduce images, photos, or videos that you send, or that are taken by its guides and/or other travelers, of you or in a group on any medium: print, electronic media, internet, and to use any testimonials regarding the services provided for promotional and/or commercial purposes worldwide, without compensation, now or in the future.

For any claims regarding this matter, please contact us at info@baroudeurcycling.com.

ARTICLE 16: WAIVER OF LIABILITY & ACCEPTANCE OF RISKS

16.1 Inherent Risks:

The Client acknowledges being informed about the risks inherent to their participation in the training and expeditions offered by Baroudeur Cycling. The Client notes that, as part of the expedition, the risks related to their participation include:

• 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-related issues, food allergies.

This list is not exhaustive.

16.2 Health Status:

The Client certifies that their health status and physical fitness allow them to participate in the activities offered by Baroudeur Cycling. They certify that they have no known or treated pathology. The Client certifies that they do not have any physical, emotional, or behavioral health issues that might directly or indirectly limit their participation in the activities.

16.3 Acceptance of Risks:

The Client is aware that the activities offered by Baroudeur Cycling take place in semi-natural or natural environments that may be rugged, which are consequently farther from medical services. This situation could result in long delays during an emergency requiring evacuation, and consequently, a possible worsening of their condition or injury. Having been informed of these risks and having had the opportunity to discuss them with a responsible person for the activity, the Client acknowledges being informed about the inherent risks of the activities and is able to undertake the activity or stay with FULL KNOWLEDGE OF CAUSE AND ACCEPTING THE RISKS that the stay or activity may entail. The Client also agrees to

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16.4 Material Liability Waiver:

The Client hereby waives any claims, as well as any lawsuits for damages to their property and equipment. This includes normal wear and tear, loss, breakage, or theft.

16.5 Authorization for Emergency Intervention:

The Client authorizes Baroudeur Cycling to provide all necessary first aid. They also authorize GravelUp to decide, in case of an accident, to transport them (by ambulance, helicopter, coast guard, or otherwise) to a hospital or community health facility, if necessary, at their own expense.

ARTICLE 17: APPLICABLE LAW AND JURISDICTION

The general and specific terms of the Contract are governed by French law. Any dispute between the parties related to the interpretation or execution of these terms will fall under the jurisdiction of the courts at the Company’s headquarters.