“These general terms and conditions are available in French and English. In the event of any contradiction between the two versions, the French version shall prevail.”
1. Acceptance of the General Conditions of Sale
These General Conditions of Sale govern the contractual relations between:
A) The Service Provider, BicyBAGS, a RESPIRE brand, a limited liability company with a capital of €25,000, whose registered office is located at 36 route de Saint Hilaire, 79210 Arçais, France.
Registered with the Niort Trade and Companies Register under number RCS 390 430 718
CNIL Declaration No. 657196
Tel: 05 49 76 92 56
Email: contact@bicybags.com
Domestic Goods Transport License No. 2021/75/0001261
License No. IM079100013 (travel agency)
Financial Guarantee: Groupama
D.S. Academy Approval No. 2009 SHE-2
Intra-Community VAT No.: FR94390430718
Our offices are located at 36 route de Saint Hilaire 79210 Arçais and we welcome you there:
- From mid-April to mid-October: every day from 9:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 5:30 p.m., except Sundays (and public holidays)
- From mid-October to mid-April: Monday to Friday (except public holidays) from 9:30 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:30 p.m.
AND
B) The Client of the company BicyBAGS
The request for a quote and/or reservation by the customer entails acceptance of all of these General Conditions of Sale.
These General Conditions of Sale shall prevail over all other conditions appearing in any other document, unless prior, express and written waiver is given.
Reservation
The services offered by BicyBAGS are by reservation only. Requesting a quote does not constitute a reservation.
The services offered by BicyBAGS can be booked at our office, by email, by phone or through the online booking system on our website bicybags.com
The reservation must be requested by the customer and confirmed by our teams by telephone or email.
The reservation will only be confirmed after payment for the service.
Payment for the service must be made no later than 8 calendar days before the start of the service. Any service not paid within this timeframe will be considered unconfirmed by the client. If you book via our website, a confirmation email will be systematically sent by our team.
If you do not receive the confirmation email at least 24 hours before your departure, your reservation request is not confirmed, and in this case we invite you to contact our teams directly by telephone.
No reservations will be taken into account by telephone message.
The services provided by BicyBAGS are offered within the limits of transport vehicles, available drivers, and the number of bicycles and equipment for rental on the day of payment of the reservation.
If you have any questions, please do not hesitate to contact us.
Insurance – applicable regulations
For its activities, BicyBAGS has taken out insurance contract No. 53455915 with the company Allianz Iard guaranteeing its professional civil liability – (Rcs NIORT B390430718).
BicyBAGS operates a regulated freight and passenger transport business. It is registered in the register of passenger and freight carriers maintained by the prefect of the Deux-Sèvres department and managed by the DREAL (Regional Directorate for Regional Development), and holds the necessary licenses for its activity. You can find all the useful information regarding this regulation on the website: https://www.ecologique-solidaire.gouv.fr/acces-et-exercice-profession-transporteur-marchandises-0. The license number is 2021/75/0001261.
To provide the services offered, BicyBAGS reserves the right to subcontract the service to professionals it has selected. In the event of subcontracting, BicyBAGS will remain your point of contact.
2- Services
2.1- Luggage transport
The BicyBAGS luggage transport service consists of picking up your luggage at the agreed upon location and transporting it within the day (before 6 p.m.) to your sleeping accommodation or any other agreed upon location. The service can therefore be repeated every day, from one stage to the next, until the end of your journey, within the limits of the areas served by BicyBAGS.
Booking with our team or on the BicyBAGS website allows you to reserve the date and location for our services to collect your luggage, as well as the drop-off location. When booking, it is imperative to specify the number of bags to be transported.
The customer undertakes to inform the managers of the place of collection or drop-off of his/her luggage that it will be collected or removed by BicyBAGS.
The luggage can be either a suitcase, a sports bag or a backpack.
The baggage must have a maximum weight of 15 kg, be in good condition, closed and in a single volume.
Any additional bag or equipment is considered extra baggage and will be charged as such.
In the event of excess weight, BicyBAGS will ask the customer to take steps to comply with the 15 kg limit. This may involve transporting an additional bag at the current rate communicated to you for your first bag.
The luggage to be transported must be made available to our services at 9:00 a.m. in the luggage room of your accommodation or any other place provided by the accommodation. It will be delivered to you at the accommodation indicated by you before 6:00 p.m. In case of absence, it will be left in the luggage room of the accommodation or in any other place reserved for this purpose by the accommodation.
The baggage to be transported must be clearly identified by means of a label clearly bearing the following information:
- Please indicate: BicyBAGS
- Your first and last name,
- Your mobile phone number,
- the number of bags you need to carry (especially if you are in a group).
Any baggage not clearly identified will not be transported and the customer will remain responsible for their baggage.
BicyBAGS is responsible for luggage during transport. The customer remains responsible for their luggage, particularly in the event of theft or damage at the accommodation, the pick-up or drop-off location, and particularly in the luggage room at that location (pick-up or drop-off).
The customer undertakes that their luggage does not contain any valuable objects (over €50), fragile or dangerous objects (weapons), medications or materials prohibited by the French penal code.
BicyBAGS is responsible for the equipment between its collection and delivery. The transported equipment will be that which will be given to the driver by the sender (accommodation, rental company, customer, agency). Any item not presented to the driver at the time of collection will be considered missing and will not be part of the delivery. The amount and ceiling of compensation per lost, incomplete or damaged package will be 33 euros per kg of gross weight of the lost or damaged goods, with a maximum of 1000 euros. For any claim, a purchase and repair invoice will be required. It is possible for the sender or the client to subscribe to a one-off insurance called Ad valorem which will cover the declared value of the goods in the event of a transport-related claim. For all other damages, including in the event of a duly noted delay in delivery, in the event that its personal liability is incurred, the carrier’s compensation is strictly limited to the price of transporting the goods (excluding duties, taxes and miscellaneous costs) or to that of the service causing the damage, the subject of the contract. This compensation may not exceed that due in the event of loss or damage to the goods.
Reserves
In the event of loss, damage or any other harm suffered by the goods, or in the event of delay, it is the responsibility of the recipient or receiver to carry out regular and sufficient observations, to make reasoned reservations and in general to carry out all acts useful for the preservation of remedies and to confirm said reservations in the legal forms and time limits, failing which no action may be taken against BicyBAGS or its substitutes.
2.2- Rental of bicycles and equipment
When you pick up the bicycles, a rental contract will be signed.
Duration
The rental is granted by BicyBAGS for a fixed period, unless extended.
If the equipment is not returned in full by the agreed upon date, BicyBAGS® reserves the right to repossess the equipment at the renter’s expense.
Each day’s rent is due.
Use
All fines and fees related to legal proceedings and other costs remain the responsibility of the renter.
In the event of non-return or immobilization of the bicycle, the rental period will be extended until the renter files an official declaration of loss. The renter will remain liable for payment of the rental amount during this period and will also be responsible for the cost of repairing the equipment and accessories.
Degradation
The renter acknowledges that they received the bicycle and/or equipment in perfect working order.
The renter agrees to return the bicycle and/or equipment in the same condition.
The renter agrees to use the bicycle and/or equipment exclusively in designated riding areas.
In the event of damage to the bicycle or equipment, the renter agrees to have it immediately repaired, at their own expense, by a professional, if they are held liable.
or to pay the repair costs of the bicycle and/or equipment to BicyBAGS
The equipment must be returned clean. Otherwise, a cleaning fee of €3 per bike will be charged to the renter.
Loss or Theft
If you have not purchased theft insurance, in the event of loss or theft, the renter is responsible for the bike, and compensation corresponding to the duration of unavailability of the rented vehicle will be due. In both cases, the total value of the rented equipment will be payable as soon as the facts are discovered. A declaration must be made by the renter to the relevant police or gendarmerie services.
Intervention
Any repairs during the rental period for the bicycle and/or equipment will be billed to the renter unless BicyBAGS is found liable.
The cost of the repair is a flat rate of €25 for up to 10 km by road* and €0.75 for each additional km.
*Round trip from the equipment collection point.
Insurance
The insurance policy taken out by BicyBAGS covers its civil liability. Liability insurance for the tenant and their personal equipment is not included.
Financial guarantee
A financial guarantee of 150 euros per electric bike and 500 euros per electric bike rented must be provided upon collection. This financial guarantee is kept in electronic form, by check or bank imprint until the equipment is returned after checking that it is in good working order.
Theft Guarantee – Terms and Conditions
As part of the rental, the rental company offers optional theft insurance to cover the risk of theft of the bicycle provided to the renter. This insurance constitutes a commercial commitment and is not an insurance contract within the meaning of the French Insurance Code.
- Coverage Conditions
Theft insurance applies exclusively in the following situations:
Burglary in a locked room (garage, cellar, secure bicycle storage room) with visible physical traces.
Theft committed by assault or direct threat against the renter.
Theft on a public highway when the bicycle was secured to a fixed point with a lock provided or validated by the rental company.
- Supporting Documents to Provide
Coverage is subject to the provision, within 48 hours of discovering the theft, of the following documents:
A copy of the complaint filed with a police station or gendarmerie.
A written statement from the renter describing the circumstances of the theft (location, date, time, situation).
Any proof of secure parking (photos, witnesses) and, if applicable, the remaining part of the lock, in the event of theft resulting in breakdown.
Failure to provide these documents within the specified timeframe may result in the claim being refused.
- Exclusions
The following are expressly excluded from the warranty:
- Theft without forced entry in an unenclosed or unsecured area (yard, garden, terrace, etc.).
- Parking the bicycle without a lock or without attaching it to a fixed point.
- The use of a non-compliant lock or one not validated by the rental company.
- Cases of obvious negligence or abandonment of the bicycle.
- Fraudulent acts, attempted fraud, or complicity on the part of the renter.
- Failure to comply with the reporting deadline or failure to file a complaint.
- Theft of a bicycle left unattended on a public highway between 7 p.m. and 9 a.m., even if it was secured with a lock.
- Amount Covered and Compensation Terms
- If the insurance is accepted, the theft insurance covers only the value of the bicycle on the day of the theft, excluding any other equipment or accessories.
- Theft insurance does not cover replacement of the bicycle for the remaining rental period. If the customer requests a new rental bicycle for the remaining term of the contract, the delivery costs for the new bicycle will be their responsibility (subject to availability). If the customer refuses to cover the delivery costs for a new bike, this will not result in a refund for the remaining term of the contract.
- Theft coverage is triggered without a deductible for the customer.
- Accessories rented as an extra (bags, helmets, locks, trailers, baby seats, etc.) and the renter’s personal belongings, such as electronic devices (GPS, computer, telephone), personal bags, clothing, or any other item installed or transported on the bike are not covered by the theft guarantee. The renter is advised to take out personal multi-risk or civil liability insurance covering these items.
3- Rates
All our prices are available in each service sheet and upon request for a quote for your personalized service.
Prices are expressed in Euros.
Prices include VAT at the rate set by current regulations, fuel for transportation services only, and necessary insurance.
The total price indicated in the reservation summary is the final price, unless there are any changes on the day of the service: additional baggage, excess baggage, or baggage requiring special handling or care. This price includes the total price for the service(s) booked, with details of each service.
BicyBAGS reserves the right to modify its prices at any time, excluding prices for services already booked.
4- Means and methods of payment
The following payment methods are accepted: cash, checks, bank transfers, credit cards (Visa and MasterCard), and holiday vouchers (up to 30% of the total reservation amount).
Services are payable no later than 8 calendar days before the start of the service. No service is definitively reserved until payment is received. If payment is not received 10 calendar days before the start of the requested service, a reminder email will be sent. Payment for the service must be made within 48 hours of this email.
Any service request not paid within this timeframe will be considered unconfirmed by the customer and will be canceled.
In the case of payment by credit card or bank transfer, the reservation is only considered confirmed once the payment or bank transfer has been accepted and the reservation has been confirmed by BicyBAGS.
In the case of payment by bank check, the reservation is only considered confirmed once the payment check has been cashed by BicyBAGS and the reservation has been confirmed by Bicybags.
5- Cancellation terms and costs – Right of withdrawal
The customer has a period of fourteen (14) days from payment for the service to exercise his right of withdrawal unless the service has been fully performed before the end of the withdrawal period and the customer has, prior to the performance of the service, expressly waived his right of withdrawal. If the entire service is not performed, the customer pays the professional an amount corresponding to the service provided until the communication of his decision to withdraw.
Without prejudice to the withdrawal period where applicable, any reservation may be cancelled by email or telephone, without justification by the customer under the following conditions:
- At least 7 days before the service is provided: no compensation (excluding administration fees – €25)
- Between 7 days and 48 hours before the service is provided: compensation due by the customer to BicyBAGS of 30% of the price of the service ordered (minimum flat rate of €50)
- Less than 48 hours before the service is provided: compensation due by the customer to BicyBAGS of 100% of the price of the service ordered
- Subject to the cancellation conditions indicated above, any refunds will be made using the same payment method used by the customer, unless the customer agrees to a different method. The customer must provide all necessary information for Bicybags’ service.
A modification of the service by BicyBAGS to meet the customer’s request cannot be considered as a cancellation of the service.
You will find the standard form at this address. You can also request it by phone or email.
6- Force majeure
BicyBAGS shall not be held liable, or considered to have failed in its obligations, for any delay or non-performance when the cause of the delay or non-performance results from a case of force majeure as defined by the case law of the French courts. In addition and within the meaning of this contract, the Service Provider’s inability to perform due to bad weather, strikes, roadworks, traffic congestion and road accidents, and any events beyond the reasonable control of BicyBAGS, shall be considered as cases of Force Majeure.
In the event of force majeure, BicyBAGS will inform the customer as soon as possible and will make its best efforts to meet its obligations, but they may be delayed or cancelled.
7- Applicable law – language of the contract
These general terms and conditions of sale are written in French. They are subject to French law. The fact that BicyBAGS or the customer does not avail themselves at any given time of any of the clauses herein cannot constitute a waiver of the right to avail themselves of these same clauses at a later date.
8- Complaints
Any complaints or questions can be sent by mail to the company BicyBAGS, 36 route de Saint Hilaire 79210 Arçais, by telephone on 05 49 35 42 56, or by email to contact@respire-voyages.com.
9- Protection of personal data
The personal data collected from the customer is necessary for the performance of the service and the establishment of the corresponding invoice.
The customer’s personal data is collected via the website or directly from our services and may be subject to computer processing intended for:
- Carry out customer management operations concerning: the provision of services; invoices; accounting, particularly customer account management;
- Sending our newsletter containing information on our latest news;
- Preparing sales statistics and/or enabling the development of our services;
- Monitoring customer relations and customer status, conducting satisfaction surveys, managing complaints and any subsequent questions from customers;
- Managing requests relating to your rights regarding the processing of your personal data;
- Managing unpaid invoices and disputes;
- Managing customer feedback on the services offered.
The personal information collected is necessary to process your requests.
The recipient of the data is BicyBAGS and its subcontractors for the execution of a service (taxi, transport service, etc.). The retention period of the data is limited to the duration necessary for the operations for which they were collected and in compliance with the regulations. In this regard, customer data is kept for the duration of the contractual relations plus five (5) years, without prejudice to retention obligations or limitation periods.
In accordance with the regulations, you have the right to access, rectify, erase, limit the processing, and the right to portability of information concerning you, which you can exercise by contacting the data controller:
Mr. Sébastien ALMAZAN
By mail: BicyBAGS, 36 route de Saint Hilaire, 79210 Arçais
By phone: +33 5 49 35 42 56
By email: contact@bicybags.com
You may withdraw your consent to the processing of your data at any time.
The requirement to provide your data is purely contractual and conditions the performance of the service. The client may object, free of charge and without justification, to the processing of data concerning them. This objection, like the failure to provide mandatory information (marked with a * in the collection form), will, where applicable, result in the impossibility of processing the client’s requests. The data is not subject to automated decision-making, including profiling. In the event of a complaint regarding the processing of your data, you can contact the competent supervisory authority.
10- Disputes – consumer mediation
In the event of a dispute between the customer and the customer, an amicable solution must be sought before any legal action.
In the event of a dispute with BicyBAGS, the customer may use the MTV mediation service free of charge. In the absence of an agreement between the parties, the dispute may be brought before the competent court.
It is recalled that recourse to mediation is only possible if the complaint has not previously been examined by a judge or other mediator and subject to having first attempted to resolve the dispute directly with BicyBAGS through a written complaint. The request for mediation must be made within 12 months of the written complaint. Mediation interrupts the limitation period. The customer can also consult the dispute resolution platform website at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR