1. THIS DOCUMENT
1.1 This document defines the General Terms and Conditions of Sale of the services offered by E-BIKE TOURS MARSEILLE on this site which consists of the organisation of guided tours on electric bicycles (VAE) accompanied by a tour guide on a pre-defined route allowing the client to discover the city of Marseille.
The tours are conducted in french and in english and soon in spanish and italian.
1.2 This site is presented by:
SARL E-BIKE TOURS MARSEILLE
Société à Responsabilité Limitée,
Au capital de 6.500 €
Siège social : 91, rue d’Endoume – 13007 MARSEILLE.
RCS MARSEILLE N° 790 889 596
Téléphone : +33 (0)782 007 347
Email : firstname.lastname@example.org
2. GENERAL PROVISIONS
The Terms and Conditions set out below are applicable to clients only, as defined by the law and precedents, acting on their own account.
In accordance with the articles L. 111-1 and L. 111.3 of the Consumer Code, the essential features and prices of the Goods and Services sold electronically are available on the site.
The General Terms and Conditions of Sale are applicable to all sales of Goods and Services by E-BIKE TOURS MARSEILLE through this site.
The General Terms and Conditions of Sale are applicable to all CLIENTS who use the services sold by E-BIKE TOURS MARSEILLE, including the case the CLIENT did not make the booking themselves.
The client is deemed to have accepted the Terms and Conditions set out in this document when taking part in the services provided on this site.
The specifications of the each purchased visit (price, route, etc...) as well as the General Conditions of Sale are those in use at the moment of the confirmation of the booking.
E-BIKE MARSEILLE reserves the right to modify at all times all or part of these General Terms and Conditions of Sale.
The CLIENT declares to be aware of the General Terms and Conditions of Sale set out in this document before validating the booking.
The validation of the booking means, therefore, complete and unconditional adherence to the General Terms and Conditions of Sale set out in this document.
3. COPYRIGHT OF THE SITE
All debasement, which includes total or partial reproduction, modification, commercial use of any part of this site without authorisation is prohibited and puts the author at risk of legal action.
Any representation, reproduction, modification or commercial use of the General Conditions of Sale set out here is forbidden.
4. CHANGES TO GOODS AND SERVICES
E-BIKE TOURS MARSEILLE reserves the right to make any modification or improvement it deems necessary or useful to the services it offers. Moreover, E-BIKE TOURS MARSEILLE reserves the right to terminate one or all of the services offered on this site (or other sites linked to it) without warning or compensation and will not be held responsible for loss of any nature incurred by these changes.
5. ACCESS TO THE SERVICES
Normally the services of E-BIKE TOURS MARSEILLE will be accessible to the CLIENT all year, 24 hours a day, 7 days a week.
Nevertheless, E-BIKE TOURS MARSEILLE reserves the right without warning or compensation to temporarily shut down access to the services and will not be held responsible for any loss incurred by this.
The booking of a service sold by E-BIKE TOURS MARSEILLE must be done at least 48 hours in advance.
E-BIKE TOURS MARSEILLE can not guarantee any booking made after this time.
6.2 Making a booking
To book a service the CLIENT must go to the page on the site dedicated to reservations.
The different tours, with their specific themes and routes, proposed by E-BIKE TOURS MARSEILLE will be displayed on this page as well as the time schedule for the tours.
The CLIENT selects the visit they would like to do as well as the date of the visit.
The CLIENT then selects the number of visits they would like to reserve, ie. the number of people taking part in the chosen tour on the particular chosen date.
When the features of the tour have been selected the CLIENT clicks on 'Add to basket'.
The CLIENT must then check the details of the booking and, if necessary, correct any errors.
An entry error cannot justify the cancellation of a booking.
6.3 To finalise the booking the CLIENT must create a CUSTOMER ACCOUNT on the site according to terms provided in the General Conditions of Use and by agreeing to the General Conditions of Sale set out in this document.
On creating a CUSTOMER ACCOUNT the client accepts to provide reliable and true information concerning their situation. Before each subsequent booking the CLIENT will check the accuracy of their details of the CUSTOMER ACCOUNT and if necessary will make the modifications required online.
This personal identifying information, which are essential for purchases and commercial transactions, will be kept in the data base of E-BIKE TOURS MARSEILLE.
In particular, for E-BIKE TOURS MARSEILLE to confirm a booking the following details are required: marital status, first name, surname, year of birth, home address, email address.
6.4 To confirm their booking the CLIENT must click on the button 'Accept' which is located under the text:
“I accept the General Conditions of Sale of this site as well as the Terms and Conditions specific to the booking in my basket.”
Clicking the button 'Accept' expressly demonstrates the consent of the CLIENT to the General Conditions of Sale and the specific Terms and Conditions of each service visible on the screen showing the confirmed bookings.
The CLIENT may print the page of the confirmed bookings and the accepted Terms and Conditions to keep for their own record. The CLIENT is also invited to note their reservation number which will be required of them in case of a damages claim.
6.5 The Client then confirms their booking and proceeds to the checkout.
The CLIENT can terminate the reservation at any point before payment.
7.1 The CLIENT pays by bank card on a secure page assuring the CLIENT the necessary confidentiality for their pin number and part of their bank card number.
The following bank cards are accepted: Carte Bleue, Visa Card, Eurocard/Mastercard, American Express
The transaction is immediately debited from the CLIENT'S bank card after all the information provided by the CLIENT is verified and with the authorisation of the transaction by the financial institution to which the CLIENT'S bank card is linked.
In accordance with the article L.132-2 of the Banking and Finance Code, once the authorisation of a transaction by bank card has been given the payment is irrevocable. By providing their bank card details the CLIENT authorises E-BIKE TOURS MARSEILLE to debit the Total Amount of the booking from the bank card.
For the transaction to happen the CLIENT must confirm that they are the owner of the bank card to be debited and that the name on the card is indeed theirs.
The CLIENT gives the 16 numbers and the expiration date of the bank card as well as the Card Verification Code.
If the debit of the Total Amount is not possible the Sale Online will be terminated immediately without prejudice and the booking will be cancelled.
E-BIKE TOURS MARSEILLE has employed all methods to ensure the confidentiality and security of the information entered on the site.
7.2 The moment the card's pin number is validated the booking is confirmed and cannot be cancelled or reimbursed.
After the payment is validated by the bank E-BIKE TOURS MARSEILLE sends a confirmation email to the CLIENT at the address provided in the Customer Account.
This confirmation email is an acknowledgement of receipt of the booking of the CLIENT. This confirmation email also contains a link online to a printable version.
8. WITHDRAWAL OF PURCHASE
In accordance with the article L.121-20 of the Consumer Code the CLIENT has 7 days from the date of the validation of the booking to withdraw their purchase.
However, article L.121-20-4 of the Consumer Code states that the 7 day withdrawal right cannot be applied to leisure based services which are date-specific.
9. CANCELATION AND REIMBURSEMENT
9.1 Cancellation of the booking by the CLIENT
If the CLIENT wishes to cancel the booking they should inform E-BIKE TOURS MARSEILLE no later than 48h before the start of the reserved service. This can be done by email to the address: email@example.com, by telephone: +33(0)782 007 347, by registered letter with recorded delivery to the following address: SARL EBTM 91 rue d’Endoume – 13007 Marseille – France.
In the case of the cancelation by registered letter with registered delivery, the date of arrival of the letter will be used to calculate the above-mentioned cancelation deadline.
Reimbursement of the CLIENT will be made within 30 days (or within a reasonable period of time) of the cancelation by bank transfer or on creditcard used to pay.
All cancellations done after 48h before the hour of a reserved service will not be accepted by E-BIKE TOURS MARSEILLE and will not be reimbursed.
There will be no reimbursement or compensation for partial or total abandonment of a service by the CLIENT.
9.2 Cancelation of a service by E-BIKE TOURS MARSEILLE
E-BIKE TOURS MARSEILLE reserves the right to cancel the reserved service if it deems it to be in the interest and safety of the participants.
It is the right of E-BIKE TOURS MARSEILLE to effectuate or to cancel a service.
If E-BIKE TOURS MARSEILLE cancels a service they will reimburse the total amount paid by the CLIENT.
If a service is cancelled after having started E-BIKE TOURS MARSEILLE will reimburse either part of or the total of the amount paid for the service, the amount will be decided by E-BIKE TOURS MARSEILLE.
Reimbursement of the CLIENT will be made within 30 days (or within a reasonable period of time) of the cancelation by bank transfer.
A request for a partial or total refund may still be sent to E-BIKE TOURS MARSEILLE between 48h and the day of delivery by explaining the reasons for the cancellation, E-BIKE TOURS MARSEILLE then remaining sole judge of the appropriateness of a refund.
10. THE PRICE
The price of services offered by E-BIKE TOURS MARSEILLE is that which appears on the page concerning the visits on the date the booking is made.
The price indicated at the time of booking prevails.
The prices are in euros and include taxes.
Except in case of proof to the contrary, the data recorded by E-BIKE TOURS MARSEILLE and its computer systems constitutes the proof of all transactions between E-BIKE TOURS MARSEILLE and its CLIENTS. All previous transactions conducted between E-BIKE TOURS MARSEILLE and its CLIENTS can be viewed at any time on the Site in the section 'Your Account'.
The features of the services offered are detailed on the site: www.ebiketours.fr
E-BIKE TOURS MARSEILLE provides the CLIENT with an electric bicycle and the necessary equipment to do a predetermined tour with a guide.
12.1 The electric bicycle and other equipment
The electric bicycle provided has sufficient battery life to complete the proposed tour and comes with the following accessories:
- a bike lock attached to the frame
- a waterproof poncho in case of rain
- a bicycle helmet and a safety vest
- a bottle of water
The bicycles can be fitted with two child's seats.
The child's seat that can be attached to the front of the bike is suitable for a child aged between 1-4 years of age, and weighing up to 18kgs.
The child's seat that can be attached to the back of the bike is suitable for a child aged between 5-10 years old, weighing up to 22kg.
12.2 Participation in the services offered
The services offered by E-BIKE TOURS MARSEILLE are open to minors aged between 12–18 accompanied by an adult who themselves must fit the following criteria.
The bicycle can be used by a person taller than 1.50m and weighing less than 110kg.
12.3 The tour
The meeting point is at the Hotel Radisson Blue – 38-40 quai de Rive Neuve 13007 Marseille, at the appointed time.
The starting point of the tour is in the same location as the electric bikes:
Parking VINCI Vieux-Port Criée, 38-40 quai de Rive Neuve – 13007 MARSEILLE – Box 289
The CLIENT must be at the meeting point at least 15 minutes before the departure time of the tour.
It is imperative that the times indicated on the booking confirmation be respected.
Late arrival to the meeting point may result in the cancellation of the tour without reimbursement or compensation.
12.4 Private Tours
When customer book for a private tour, E-BIKE TOURS MARSEILLE bring for free bicycles to cruises port or the hotel, otherwise, E-BIKE TOURS MARSEILLE ensure the free return tranfer to and from the port cruise or the customer's hotel to the starting point of the bike ride.
12.5 The tour guide
The tour guide will go through safety regulations, give out the safety equipment and explain how the electric bicycle functions before the tour starts.
The tour guide will decide the pace of the visit, when to take breaks and the route of the tour, all of which will be adapted to the capabilities of the participants.
The tour guide reserves the right to cancel or terminate the tour or to change the route if they consider it necessary in the interest and safety of the participants.
12.6 Rules of participation for the CLIENT
The CLIENT agrees to use the electric bicycle in a safe and careful manner.
The CLIENT certifies to be capable of using an electric bicycle and to be physically fit enough to do so.
The CLIENT agrees to respect at all times the road rules and the safety regulations explained to them by E-BIKE TOURS MARSEILLE, which includes the car park where the bikes are located as well as on the public roads.
The CLIENT may not leave the group unless invited to by the tour guide.
The CLIENT is responsible for their behaviour on public roads and in the car park. E-BIKE TOURS MARSEILLE will not be held responsible for accidents caused by the behaviour of a CLIENT or a third party.
The CLIENT is responsible for the electric bicycle and all the accessories provided to them.
12.7 Returning the bicycle
The CLIENT agrees to return the electric bike at the end of the tour.
The electric bike must be returned to place it was taken from at the following address:
Parking VINCI Vieux-Port Criée, 38-40 quai de rive neuve – 13007 MARSEILLE
13. LIABILITY AND INSURANCE
E-BIKE TOURS MARSEILLE provides a well-functioning electric bicycle which receives regular maintenance and which complies with the current safety regulations.
E-BIKE TOURS MARSEILLE has insurance with ALIANZ, whose policy number is:
At the beginning of the guided tour, the guide will explain the safety regulations which the CLIENT agrees to abide by.
The safety regulations can be read and/or printed off at the following address: http://www.ebiketours.fr/our-security-policy
The safety regulations are emailed to every client who has reserves a service.
The CLIENT alone is in charge of the electric bicycle they is using.
E-BIKE TOURS MARSEILLE can not be held responsible for any damages or injuries incurred by the CLIENT during the visit.
The CLIENT is solely responsible for any injury they may inflict on a third person or another participant during the tour.
The parents or the legal guardians of a minor participating in the tour are held responsible for all injury caused by the latter during the tour.
The CLIENT is informed that they must have third-party insurance that covers them for any accident or injury occurring during the visit that covers him for bicycle use.
E-BIKE TOURS MARSEILLE is not at fault for a CLIENT not having third-party insurance.
Any fines received by the CLIENT which result from the use of the electric bicycle are the sole responsibility of theCLIENT.
14. LOSS, THEFT AND DAMAGE TO THE BICYCLE
From the moment the CLIENT is provided with an electric bicycle and other accessories to its return, the electric bike and all other accessories are under the care of the CLIENT.
The CLIENT is responsible for any loss, theft or damage to the electric bicycle and the accessories which have been provided them.
In the case of loss, theft or damage to the electric bicycle, the CLIENT agrees to monetarily compensate E-BIKE TOURS MARSEILLE. The list of amounts payable can be found at the following address: http://www.ebiketours.fr/bareme_deterioration and includes the following:
Broken, stolen or damaged components:
- Theft or completely destroyed: 350 euros
- Key for the bike lock and key for the battery:
- Bag rack:
- Break pad:
- Cable and/or cable sheath:
- Front light:
- Rear light:
- Front forks:
- E-bike tours carry bag:
- Handle bars:
The CLIENT declares to be aware of this list and agrees to pay the predetermined compensation at the request of E-BIKE TOURS MARSEILLE.
The CLIENT agrees advance (the day before the reserved service) that E-BIKE TOURS MARSEILLE can request the withdrawal of an amount of €350 from the CLIENTS bank account, knowing this sum will not be withdrawn.
If any damage does occur, the CLIENT agrees to authorise E-BIKE TOURS MARSEILLE to withdraw from their bank account the correct amount for the damages done based on the above list.
15. CONFIDENTIALITY AND SECURITY OF DATA
All data collected from the CLIENT is processed by computer in order to manage the customer account and any bookings in the most efficient manner possible (this includes the CLIENT'S access and contributions to different pages on the site ).
In accordance with the Data Protection Act of 6 January 1978, modified in 2004, the CLIENT has the right to access and rectify information concerning them. This right can be exercised by contacting E-BIKE TOURS MARSEILLE, 91 rue d’Endoume – 13007 MARSEILLE, or by sending an email to: firstname.lastname@example.org
The CLIENT can also, for legitimate reasons, oppose the processing of their personal data.
NB: When creating their customer account on the site the CLIENT will have the possibility to choose whether they wish to receive advertisements from E-BIKE TOURS MARSEILLE or any of their partners.
16. AUTHORISATION TO PUBLISH PHOTOGRAPHS
During tours, photographs may be taken of CLIENTS.
The CLIENT knows and agrees that the photographs in which they appear can be published by E-BIKE TOURS MARSEILLE on their website and on other social networks sites such as Facebook, Instagram, Twitter etc... for promotional purposes.
A CLIENT who wishes not to have the photographss, in which they appear, published by E-BIKE TOURS MARSEILLE on the website must inform E-BIKE TOURS MARSEILLE before the start of the tour or before the tour by email to the following address: email@example.com
17. CONFLICT, JURISDICTION AND APPLICABLE LAW
All of the above terms and conditions are subject to, interpreted and applied by French law. The interpretation of these terms and conditions in the case of a contestation of the meaning of any of the above will be in French. The French text prevails over all other translations in the case of any legal action.
Subject to applicable laws regarding jurisdiction, only the courts of E-BIKE MARSEILLE'S registered office will be the only competent body to deal with any litigation relating to the present terms and conditions.
Waiver by either party or any breach of any term or condition in this document shall not be considered to be a waiver of any subsequent breach of the same or any other term or condition.
The potential nullification of any of the clauses found in this contract shall not affect the validity of other provisions, such a clause will be considered not to have been written.
The numbered titles in this document are considered only as descriptions. In the case of there being any confusion between a title and one of the clauses of the Terms and Conditions, the titles will be deemed null and void.