Terms and conditions

In accordance with the provisions of the tourism code, as well as the legal provisions referred to by the law n ° 92-645 of July 13, 1992 fixing the conditions of exercise of the activities relating to the organization and the sale of trips or stays and to the decree n ° 94-490 of June 15, 1994, the Company CPARTY EXPERIENCE is:

– registered in the register of ATOUT FRANCE travel and holiday operators under the number IM035200001;
– guaranteed by the company GROUPAMA ASSURANCE-CREDIT & CAUTION – (SA with share capital of € 20,000,000), 8-10 rue d´Astorg, 75008 Paris, as a financial guarantee;
– insured by the company GAN ASSURANCES – (SA with share capital of € 193,107,104), 8-10 rue d´Astorg, 75008 Paris, under Professional Civil Liability insurance.

In these General Conditions of Sale, the term “CPARTY EXPERIENCE” means the company CPARTY EXPERIENCE.

The term “Client” means any contractor acting directly in his own name or represented by an agent.

The term “Service Provider” designates all of the external service providers chosen by CPARTY EXPERIENCE and / or by the Client for the other services related to the execution of the service provided by CPARTY EXPERIENCE.

The term “Contract” designates the initial document entitled reservation grouping together the special reservation provisions requested by the Client.

The term “Service” designates the stay or the formula chosen by the Client from the CPARTY EXPERIENCE catalog.

Signing the Contract implies the Customer’s full and unreserved acceptance of these General Conditions of Sale and its annexes.

This document defines the rights and obligations of the parties in the contractual relationship created between CPARTY EXPERIENCE and its Client.

These requirements are applicable to all services arising from this contractual relationship.

The entire contract is made up of the Contract, the General Conditions of Sale, the Appendices and any amendments.

Object of the contract

The object of the contract is to allow the realization of cycling stays organized and managed by CPARTY EXPERIENCE, with or without guides, in France or abroad, for clubs, companies, and individuals.

These services are broken down according to the Customer’s choices and the formula chosen by the latter :

• Tailor-made stay ;
• Accompanied stay (by our cycling champion guides) ;
• Stay independently (at your own pace and according to your wishes) ;
• VIP stay (a stay behind the scenes of competitions and professional cycling teams)

Prices

The services offered by CPARTY EXPERIENCE are provided at the current rates indicated on the Contract. The prices are expressed in Euros, HT and TTC, it will be applied the rate of VAT in force according to the service and the date of invoicing.

These prices are firm and cannot be revised during their period of validity.

An invoice will be established by CPARTY EXPERIENCE and will be given to the Customer.

Minimum of participants

The prices offered by CPARTY EXPERIENCE are established according to a minimum of participants according to the formulas chosen by the Customer.

If the minimum number of participants is not reached 20 days before the start of the service, CPARTY EXPERIENCE reserves the right to cancel the service. The information will be communicated to the Client as soon as possible.

Reservation and payment

Any reservation for a service offered by CPARTY EXPERIENCE becomes firm and final as of receipt of the Contract signed by both parties, and the payment of a deposit equivalent to 30% of the total amount of the reservation.

This deposit cannot in any case be qualified as a deposit.

It is the Customer’s responsibility to check the accuracy of the reservation and immediately report any errors.

The Customer will also present a medical certificate of fitness for cycling or a copy of a sports license, no later than 30 days before the date of the service. Otherwise, CPARTY EXPERIENCE reserves the right to terminate the Contract and keep the deposit paid.

The reservation is effective for the period determined in the Contract and the deposit paid cannot be transferred to another reservation period.

The balance will be paid no later than 30 days before the date of the service.

Payment by credit card is possible, payment by check is possible, payment by bank transfer is possible, CPARTY EXPERIENCE will provide a bank details upon request (the costs will be borne by the user who pays the order). Payment in cash is accepted for payments of less than 1,000 euros.

It is expressly agreed that in the event of payment by check, the payment will not be considered effective until the check has been cashed in the bank account of CPARTY EXPERIENCE. In case of payment by check, it must be issued by a bank domiciled in mainland France or Monaco.

In the absence of payment within the time limit, the reservation will be purely and simply canceled at the sole fault of the Customer and the deposit paid will be kept by CPARTY EXPERIENCE.

In the event of cancellation of the reservation by the Customer after its acceptance by CPARTY EXPERIENCE, for any reason whatsoever other than the force majeure described in the designated article, the deposit paid with the order will be automatically acquired by CPARTY EXPERIENCE and cannot give rise to any reimbursement.

In the event of non-compliance by the Customer with its obligations, CPARTY EXPERIENCE may also, without prejudice to any other course of action, terminate the reservation in progress, 72 hours after a formal notice remained unsuccessful.

Any amount including VAT not paid on the due date will give rise to payment by the Client of penalties set at three times the legal interest rate. These penalties are due as of right and without any reminder or formal notice being necessary to apply the late penalties.

Any service requested after the settlement of the Contract will be subject to an additional invoice and the writing of a document confirming the agreement of the parties.

Cancellation

At the client’s initiative

For any reason whatsoever, any cancellation at the initiative of the Customer must be sent to CPARTY EXPERIENCE in writing (paper or electronic).

Except in the event of withdrawal within the required time, the deposit remains with CPARTY EXPERIENCE, which may also claim the balance of the amount in the following ways :

• Cancellation more than 30 days before the reservation date: 100 euros for administrative costs ;
• Cancellation between 30 days and 21 days before the date of the service: 50% of the balance of the services is due ;
• Cancellation between 20 days and 8 days before the date of the service: 70% of the balance of the services is due ;
• Cancellation less than 7 days before the date of service: the balance of services is due.

Cancellation insurance exists, it is up to the Client to inquire with insurance companies.

CPARTY EXPERIENCE can put the Client in contact with their insurer for the implementation of cancellation insurance.  

On the initiative of Cparty Experience

In the event of cancellation of this Contract by CPARTY EXPERIENCE before the performance of the service, for any reason whatsoever except in cases of force majeure as provided for in the corresponding article, by a third party or in the absence of payment on time, CPARTY EXPERIENCE will refund the Customer all the sums already received.

No other compensation may be requested by the Customer.

In the event of force majeure or due to a third party, another performance period will be offered to the Client. If the latter cannot accept the new period proposed, CPARTY EXPERIENCE will then reimburse the deposit received.

In both cases, the refund of the amounts due will be sent to the Customer by registered mail with acknowledgment of receipt within 15 days of the notification of the cancellation.

Equipment

CPARTY EXPERIENCE recommends the use of adequate equipment according to the formula chosen by the Client.

The Customer is free to choose to use their own equipment.

As such, the Customer is fully responsible for its proper maintenance and remains capable of being able to intervene directly on its equipment.

CPARTY EXPERIENCE cannot be held responsible for any defect in the Customer’s equipment.

In the absence of adequate equipment, in accordance with the recommendations of CPARTY EXPERIENCE, CPARTY EXPERIENCE can provide the Customer with equipment according to the latter’s needs.

This rental must take place at the Customer’s expense and under the conditions described in Annex 1 to this document.

Medical certificate and physical ability

The customer agrees to have the physical qualities required with regard to the difficulties and the distances planned as part of the service.

The Customer will also present a medical certificate of fitness for cycling or a copy of a sports license, no later than 30 days before the date of the service. Otherwise, CPARTY EXPERIENCE reserves the right to terminate the Contract and keep the deposit paid.

Internal Regulations

The Client undertakes to comply with the provisions of the Internal Regulations annexed to this document (annex 2).

Otherwise, CPARTY EXPERIENCE reserves the right to terminate the service.

Providers

CPARTY EXPERIENCE wished to call on external service providers to carry out the elements allowing to assure the Customer the best possible experience within the framework of its service. As such, special attention has been paid to the list of providers offered by CPARTY EXPERIENCE.

• ACCOMODATION :

Accommodation services are offered by CPARTY EXPERIENCE on behalf of its service providers.
The hotels selected by CPARTY EXPERIENCE meet French and European standards.
CPARTY EXPERIENCE reserves the possibility, for technical reasons, security, in cases of force majeure or due to a third party, to replace the hotel provided with an establishment offering equivalent services. As such, CPARTY EXPERIENCE will inform the Client as soon as possible.

• MEALS :

Meals are taken in traditional or gourmet restaurants, selected by CPARTY EXPERIENCE and offered on behalf of its service providers.
The list of different restaurants offered by CPARTY EXPERIENCE will be offered before departure.

Liability and insurance

CPARTY EXPERIENCE is insured for civil and professional liability. CPARTY EXPERIENCE declines all responsibility in the event of theft and damage to objects belonging to the Client.

Participants are responsible for ensuring that they are in good standing with police, customs and health formalities in the event of a stay abroad.

By mutual agreement, the parties expressly agree that the responsibility of CPARTY EXPERIENCE may only be engaged by the Customer in the event of direct fault, duly proven and is limited to direct damage to the exclusion of all indirect damage, of whatever nature whatever. Any event likely to have consequences, in particular in terms of liability, must be brought to the attention of CPARTY EXPERIENCE without delay.

Neither CPARTY EXPERIENCE nor the service providers involved in the organization of the stay can be held responsible for any damage that may be caused by customers and their equipment during the stay. In accordance with articles 1240 to 1242 of the Civil Code, the customer is responsible for damage caused by himself or his equipment. It is therefore up to him to insure himself accordingly and to take out individual accident insurance for the damage he may suffer.

CPARTY EXPERIENCE’s contractual liability towards the Client, for all the harmful consequences of the same service, is limited to a ceiling corresponding to the amount invoiced by CPARTY EXPERIENCE during the period of execution of the contract from the date of signature until ‘to the fact generating responsibility.

Except in the event of fault duly proven on the part of CPARTY EXPERIENCE or its employees, the Customer will be solely responsible and will answer for this fact, of all degradations, any bodily injury or material, and theft, of any kind, occurred during the performance of the Contract, both from his personal fact and that of his guests or his service providers.

As such, the Customer guarantees to be insured for the harmful consequences of his actions or of any insurance that he will have to take specifically for the performance of the service.

Photographs

The Customer authorizes CPARTY EXPERIENCE to take photos and videos for its communication.

Any refusal must be notified in writing on the last page of the Contract with the mention “refusal to use photos and videos”.

Force majeure, fortuites event made by a third party

In accordance with article 1218 of the Civil Code, there is force majeure when an event beyond the control of the debtor, which could not have been reasonably foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling part or all of his obligation.

The party who intends to rely on a case of force majeure must notify, upon recognition, to the other party, in writing, of the occurrence of the event and subsequently its cessation by producing any adequate evidence.

CPARTY EXPERIENCE will be exonerated from any responsibility in the total or partial non-fulfillment of its obligations resulting from a fortuitous event, due to a third party or an act of force majeure.

Termination

In the event of a breach by the Customer of its obligations under these General Conditions of Sale, the contract will be automatically terminated at the fault of the Customer.

In such a case, CPARTY EXPERIENCE will keep all sums already paid by the Client.

Management of personal data

CPARTY EXPERIENCE implements personal data processing, for which it is responsible.

As part of their contractual relationship, CPARTY EXPERIENCE undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 relating to the protection of individuals with regard to the processing of personal data and to the free movement of such data (hereinafter the “GDPR”), as well as Law No. 78-17 of January 6, 1978 in its latest version in force.

Terms starting with a capital letter within this article have the meaning assigned to them by the applicable Regulations on the protection of Personal Data.

The client will provide directly or indirectly only the Personal Data considered necessary for the fulfillment of the mission of CPARTY EXPERIENCE, i.e. the following data :

• Last name ;
• First name ;
• Address ;
• Mail address ;
• Phone number ;

The data processing implemented concerns the personal data necessary to provide the services defined under the Contract.

CPARTY EXPERIENCE undertakes not to use the Personal Data to which it has access for purposes other than the Processing purposes.

The data processed is exclusively intended for CPARTY EXPERIENCE and its possible subcontractors.

The client is informed that, unless otherwise provided by law, CPARTY EXPERIENCE may use, as part of its mission, third parties who may be located outside of France, who may be other entities members of its respective networks and / or service providers acting on its behalf, which provide administrative services, IT infrastructure (including, where applicable, cloud service providers), as well as services supporting its activity. These third parties, for which he remains responsible, are subject to strict confidentiality and security obligations.

The Recipient of Personal Data is the staff of CPARTY EXPERIENCE, as well as, if applicable, those belonging to the entities members of its networks. These Recipients are subject to strict confidentiality and security obligations and will have access to Personal Data for strictly professional reasons and limited to the Processing Purposes.

In compliance with confidentiality obligations, the Personal Data processed for the Processing Purposes is kept for a period of time in accordance with the legal provisions in terms of prescriptions in France concerning the contractual relationship.

Data Subjects may exercise their rights of access, rectification or erasure by sending a letter directly to CPARTY EXPERIENCE at the following address: 91 DER rue de Dinan 35000 RENNES.

The Customer also has the right to lodge a complaint with the National Commission for Data Protection (CNIL), in particular on its website www.cnil.fr.

Applicable law, disputes, complaints

These General Conditions of Sale are governed by French law. These General Conditions of Sale may be subject to subsequent modifications, the applicable version is that in force on the date of conclusion of the contract.

All disputes concerning the validity, interpretation, execution, resolution, consequences and consequences of the contractual whole and which could not have been resolved amicably between CPARTY EXPERIENCE and the Customer, will be subject to the competent courts under the conditions of common law.

As such, any claim or dispute by the Customer must be communicated to CPARTY EXPERIENCE no later than 72 hours after the end of the Service, by registered letter with acknowledgment of receipt.

After entering the customer service of CPARTY EXPERIENCE and failing a satisfactory response within 1 month, the customer can contact the Mediator of Tourism and Travel, whose contact details and referral methods are available on his site : www.mtv.travel.

CPARTY EXPERIENCE also informs the Client of the existence of a European online dispute resolution platform (“RLL”) which it can use. The customer can access it from the following link : http://ec.europa.eu/consumers/odr/.

If one or more stipulations of the General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a decision passed in res judicata of a competent court, the other stipulations will keep their full force and scope.

The Customer acknowledges having had communication, prior to placing his order and concluding the contract, in a clear and understandable manner, of these General Conditions of Sale and all the information listed in article L.221-5 of the Consumer Code.

The Customer declares to have read these General Conditions of Sale and to have accepted them. The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.

Established in RENNES,

04/27/2020,

APPENDIX 1 – Equipment rental 

The company CPARTY EXPERIENCE can make professional equipment available to its Customers who so wish for the performance of the services provided for in the contract.

The reservation of the equipment must take place within the period of 30 days before the start of the stay by the mention on the reservation voucher and the payment of the corresponding deposit.

These prices are indicated inclusive of VAT, VAT at the rate of 20% applies on these rentals.

All the conditions and obligations described in the GTC apply to the rental of the equipment.

Bikes and equipment are deemed to comply with the regulations in force at the time of their rental and in good working order. The equipment and accessories are fixed according to safety standards. The user acknowledges that the equipment loaned is in perfect working order.

In all cases, the Client must be covered by civil liability insurance. It releases CPARTY EXPERIENCE from any liability arising from the use of the hired equipment, in particular with regard to accidents and damage caused to third parties due to the use of the bicycle.

The user is solely responsible for any damage caused to the rented equipment or due to its use.

The user agrees to use the equipment with care and within the limits of his abilities, to respect the usage and safety instructions which will be sent to him by the rental company, to use the loaned bicycle under normal conditions.

The user agrees to do everything to avoid theft or damage to the rented bike.

In the event of a technical failure of the bicycle during the contract, the user cannot initiate repair work on his own initiative and must report this to CPARTY EXPERIENCE as soon as possible. At his request, the bicycle will be replaced by a bicycle of the same type, subject to availability and in the absence of faulty responsibility of the user, for the period remaining to run.

The user will not be able to claim either the reimbursement of costs or invoice, or damages from CPARTY EXPERIENCE.

He undertakes to return the bicycle in its original state on the dates agreed to in the contract. The security deposit will be returned to the Customer within fifteen days of the end of the service, after deduction of all costs of repairing or replacing the equipment. Additional invoicing will be established according to the damage observed and will be deducted in priority from the amount of the security deposit.

APPENDIX 2 – Internal regulations

CPARTY EXPERIENCE intends to make every effort to ensure that the stay is successful but remains dependent on everyone’s behavior. It is with this in mind that CPARTY EXPERIENCE wished to implement these internal regulations that the Client undertakes to respect.

TRAFFIC LAWS

Notwithstanding the presence of CPARTY EXPERIENCE staff, the road remains a dangerous place where constant attention is essential.

The Customer declares to have a perfect knowledge of the highway code and road usage, he declares to submit to the present rules of the highway code. If it contravenes the laws and regulations in force during the service, CPARTY EXPERIENCE can in no way be held responsible. The Customer undertakes to comply with the safety instructions given by CPARTY EXPERIENCE in the context of the execution of the service.

All of the safety devices must be used by the Customer, in particular the helmet.

The Customer undertakes never to endanger anyone or himself for any reason whatsoever, to respect the basic rules of prudence and safety.

CODE OF GOOD CONDUCT

The entire CPARTY EXPERIENCE team and the CPARTY EXPERIENCE partner cycling guides are available to provide you with the best advice in the practice of cycling.

CPARTY EXPERIENCE wishes to favor conviviality and respect for others for the stays offered. Therefore, respectful and civilized behavior is expected towards other customers, the CPARTY EXPERIENCE partner cycling guides and the CPARTY EXPERIENCE team.

Violent or rude attitude towards these different people will not be tolerated and CPARTY EXPERIENCE reserves the right to end the service in the event of behavior likely to disturb the smooth running of the stay.

PHYSICAL APTITUDE

The Customer agrees to have the physical qualities required with regard to the difficulties and the distances planned for the stay.

No reimbursement can be made in the event of physical incapacity in the performance of the service.

TRANSFER

Transfers between home and place of stay remain the responsibility of the Client.

CPARTY EXPERIENCE cannot be held responsible for the consequences of delays, incidents or accidents suffered during these transfers.

HOTELS AND RESTAURANTS

The hotels and restaurants offered by CPARTY EXPERIENCE have been carefully selected and should allow you to fully enjoy your cycling experience during your stay.

The Customer must respect the accommodation places as well as the regulations of these places, in particular with regard to the times for taking or returning the rooms. The client must also pay special attention to his business. CPARTY EXPERIENCE will not be responsible for thefts committed in hotels.

Any degradation will engage the responsibility of its author.