GENERAL CONDITIONS OF SALE AND PARTICIPATION
Article 1 – Scope
These GTC apply to services performed by SASU RC PILOTAGE, under the trade name ENDURO PARK, registered at the RCS of Béziers under number 833 912 249.
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Article 2 – Acceptance of the general conditions of sale
The fact of registering and confirming an order with a payment constitutes full acceptance of these GTC. The latter prevail over all other purchase conditions.
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Article 3 – Prices and Settlement
The prices indicated are in Euros T.T.C. on a 20% VAT basis and correspond to a price per person.
They include only the services as stated on the sales media of the Enduro Park excluding personal expenses such as extras in the restaurant, road costs, escorts...
RC PILOTAGE reserves the right to modify them during the year without notice and undertakes not to apply retro activity on orders already paid.
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The customer can benefit from a payment in several times, on request and after agreement of RC PILOTAGE.
The terms and conditions will be specific to each request and the customer will have to validate them in order to benefit from a payment facility that will oblige him to pay in full for his order.
Four payment methods are accepted:
-> Cash: only on the day of the activity.
-> By cheque: payable to ENDURO PARK and issued by a French bank.
-> By credit card: by phone, online or on the day of the activity.
-> By transfer: IBAN: FR76 3000 3037 9100 0201 2865 938
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Article 4 – Right of cancellation
In accordance with paragraph 12 of Article L. 221-28 of the French Consumer Code, the services offered by RC PILOTAGE fall into the field of exceptions to the right of withdrawal of said article. The customer cannot therefore avail himself of any legal right of withdrawal following his purchase.
No refund can be made whatever the reasons.
Nevertheless, RC PILOTAGE grants the client the possibility to:
-> Replace the beneficiary and/or activity chosen by another formula; the final amount of the order must be greater than or equal to the initial amount.
-> Withdraw within 14 days of the date of purchase of the activity.
This option will not be granted for orders whose completion date is scheduled within 30 days of purchase. The request must be made by email (contact@enduro-park.fr).
The refund will be made within one month.
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Article 5 – Order processing
Our offers are subject to availability at the time of registration.
A reservation becomes effective only after the full reception of the payment (or the first payment of a payment in several times after validation by RC PILOTAGE) of the activity by the customer.
Optional products such as equipment rental or the provision of an internship motorcycle will be paid on the day of the activity.
After validation, the customer will receive a confirmation of registration by email. If the chosen date is no longer available, he will contact our reservation center to define a new one.
RC PILOTAGE cannot be held responsible for any delay in delivery due to various stakeholders such as La Poste or ISPs.
Article 6 – Period of validity
A) Dated Order
Any activity not carried out on the date specified by the customer, during his initial order or subsequent booking, will be considered as carried out and will not give rise to any refund.
B) Order “undated”
The period of validity of an "undated" order is one year. Any activity not carried out during this period will be considered completed and will not give rise to any refund.
It is up to the customer to book the date of his activity sufficiently in advance so that it can be carried out during its period of validity.
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Article 7 – Modifications & deferrals
A) Due to customer
No refund will be given after 14 days from the order date.
All requests for changes must be made by email (contact@enduro-park.fr).
-> Up to 30 days before the date of the activity: the customer can change the beneficiary and/or the scheduled date without supporting documentation.
-> Up to 15 days before the date of the activity: the customer can change the beneficiary and/ or the scheduled date only on presentation of a medical certificate.
-> Less than 15 days before the date of the activity: the client can only modify the beneficiary of the service that can no longer be postponed.
B) Because of RC PILOTAGE
We may be forced to change an essential part of the activity due to unforeseeable circumstances. Under no circumstances can our responsibility be sought. Any postponement of the date or delay of the schedule will not be subject to any dispute by the customer who will not be able to claim any refund, compensation or price reduction.
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Like all motorized outdoor activities, we are subject to weather and mechanical constraints.
RC PILOTAGE plans reserve vehicles during its services, its fleet of motorcycles being subject to extensive and regular maintenance by professionals. Unfortunately, these precautions may be insufficient during some unpredictable damage (gearbox, delivery delay...).
We would then be obliged, as well as in case of too heavy rain, snow, frost...:
-> to temporarily interrupt the activity causing a delay in the schedule,
> to postpone all or part of the activity to a later date. The part of the service performed will be supported by the customer who undertakes it.
RC PILOTAGE may also be forced to postpone a service for lack of participant. We then commit to notify, at least 5 days before, customers scheduled for this date.
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Article 8 – Obligation of the member
-> Hold a valid A/A2 driver’s license, which will be claimed on the day of the activity.
-> Respect the appointment schedule. A delay can only be made up by reducing the duration of the activity.
-> Accept that failure to follow the safety instructions, recommendations or orders of an organizer or instructor may result in the exclusion of the activity without consideration.
-> Acknowledge participating in the activity at its own risk, and release RC PILOTAGE from all liability in the event of an accident, theft of any kind or any damage without any exception or reservation. RC PILOTAGE cannot be held responsible for any physical consequences (back pain, cut...) occurring during or after the service.
-> Certify that they have no medical contraindications or are under treatment with side effects or contraindications to driving.
-> Commit not to drink alcohol or use illicit substances during the activity.
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Article 9 – Sécurité
A) Mandatory Pilot Equipment
-> Approved full face helmet and personal gloves (no rental on site).
-> Boots mid-shin height minimum (rental possible).
-> Rooster jacket on shoulders and elbows and equipped with a dorsal (rental possible).
-> Rooster pants on hips and knees (rental possible).
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B) Obligations related to the use of your personal motorcycle during the activity
-> It must be maintained, registered, insured and comply with road traffic conditions.
-> Protections (cylinder, shoe...) and tyres with Enduro profile very strongly recommended.
-> Trail tyres prohibited in wet conditions. Possible in dry conditions but make the activity much more difficult. Some technical areas may be inaccessible and no claim can be formulated by the customer.
-> Tyres with road profile prohibited.
-> Liability Insurance is mandatory to participate in our activities. We draw attention to the fact that some companies exclude from their warranty the use «Off Road».
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C) Conditions of availability of a motorcycle by the Enduro Park
-> Prohibition to lend the Vehicle to any third party.
-> Consumables (fuel, tires, etc.) are included in the rate of availability, under
reserve to respect all the instructions or recommendations of the organizers.
-> The customer undertakes:
• Respect all instructions or recommendations of the organizers.
• Adopt a responsible and civic attitude while using the Vehicle.
• To return the vehicle at the end of the period of availability.
• To respect the rules of road traffic. The customer will be responsible for any violation of the Highway Code that occurred during the period of availability of the Vehicle, regardless of the user. He will have to bear the burden of any ticket, as well as any conviction for offences committed during this period.
• Immediately stop using the vehicle if it becomes unsafe.
• To guarantee RC PILOTAGE against any claim from any third party due to the use of the Vehicle during the period of availability.
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Aware that the practice of the motorcycle in Off Road entails risks for oneself and the vehicle, the customer assumes full responsibility.
Therefore, as the vehicle does not have Off Road Damage Insurance, the repair fee will be charged in full in case of damage to the vehicle. As such, the customer deposits a deposit of 2000 € (worth deposit if the amount of repairs is greater than 2000 €), by check or credit card imprint.
No repair following a loss can be made without the agreement of RC PILOTAGE.
Article 10 – Insurance
A) Customer
The client is informed to be covered by a civil liability insurance taken out with the broker GRAS SAVOYE, but not covered by an individual accident insurance.
Aware that the practice of the motorcycle in Off Road, on the occasion of this initiation entails risks for himself, he undertakes to accept these risks in full knowledge of the facts.
He is informed that the company RC PILOTAGE does not offer the possibility of taking out individual accident insurance and that it is his responsibility to take out any insurance that he deems necessary.
He waives, both in his name and on his own behalf and in the name and on behalf of his successors, any action or recourse aimed at obtaining any compensation resulting from any damage suffered in the course of his activity.
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B) Motorbike provided by the Enduro Park
-> The vehicle is covered by liability insurance.
-> The vehicle does not have damage insurance in use Off Road, the repair fee will be charged to the customer in case of damage. As such, he deposits a deposit of 2000 € (worth down payment if the amount of repairs is greater than 2000 €).
-> The theft of the vehicle will be handled by RC PILOTAGE, subject to normal use under the conditions set out in Article 9/C .
-> In the event of an accident, regardless of the severity of the accident, an amicable report must be drawn up, signed by the driver of the vehicle.
-> The insurance taken out does not include any individual accident cover. It is up to the customer to take out any insurance that he considers necessary.
No repair following a loss can be made without the agreement of RC PILOTAGE.
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Article 11 – Property & right to image
The customer authorises, free of charge, RC PILOTAGE: (withdrawal: communication@enduro-park.fr)
- To film/or photograph him as part of his activity.
- To edit, reproduce and disseminate these images during non-profit screenings.
- To publish these videos/photos on the website and the networks of ENDURO PARK and its partners.
- Use photos for different communication media.
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All elements of the ENDURO PARK website are protected by French intellectual property laws.
As such, the reproduction, use, adaptation... of the elements of this site are strictly prohibited without our prior agreement.
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Article 12 – IT and freedom
Concerned about your privacy, the information collected is subject to computer processing intended only to process your order. Under no circumstances will this information be transmitted or sold. In accordance with the «Data Protection Act» of 6 January 1978, you have the right to access and rectify information concerning you. If you wish to exercise this right and obtain information about yourself, please contact Enduro Park – Château de Lastours – 11490 Portel des Corbières or communication@enduro-park.fr.
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Article 13 – Litigation
Complaints must be sent by registered mail with AR to:
Enduro Park – Château de Lastours – 11490 Portel des Corbières.
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In case of dispute without amicable solution, RC PILOTAGE being domiciled in France, only French law is applicable.
The court of Béziers will be the only competent one.