General terms and conditions of SARL RESPIRE for the BICYBAGS® brand
The Bicybag® brand belongs to SARL RESPIRE is a company with a capital of € 12,000 subscribed with the company Allianz Iard an insurance contract N ° 53455915 guaranteeing its professional civil liability – (Rcs NIORT B390430718) – License n ° IM079100013. As such, the companies have goods transport licenses and people transport licenses issued respectively by the prefect of the Aquitaine region.
1 / Transfer of luggage, bicycles or accessories.
1.1. Transfer of luggage and transport of equipment and goods
A transport service provided by BICYBAGS® corresponds to a standard public transport contract on behalf of others, governed by:
- the “Orientation Law for Inland Transport” (LOTI), directly derived from European directives in the field of transport and which offers guarantees to both the transporter and the customer,
- the “civil code” (art.1782 to 1786),
- the “commercial code” (art.L 132-8 / 9 art.L 133-1 to L 133-7) and the decrees relating to standard contracts
1.2. Transport Act (LOTI)
-It defines responsibilities as follows:
- the loading of the vehicle and stowage on board as well as unloading are the responsibility of the carrier.
The packaging of the transported objects is the responsibility of the ordering customer (the luggage must therefore be in good condition and of sufficient quality to protect the transported objects).
1.3. BICYBAGS® commitments
Baggage delivery is guaranteed before 6:00 p.m. for each transfer, to the place provided by the order.
During transport, baggage and other equipment or goods are continuously monitored up to the place of delivery. We are available at any time of the day between 08:00 and 19:00: +33 (0) 549 769 256 and an emergency number will be available on each customer contract.
1.4. Instructions to the BICYBAGS® customer
Luggage is taken from 9:00 am unless special arrangement with the customer.
Each piece of baggage must not exceed more than 20 kg and comply with the dimensions of cabin baggage. Otherwise a second piece of baggage will be charged. The customer will then be notified by phone or SMS and will have to pay at the start of the next step of the additional cost.
If this is not regularized, the contract will then be automatically terminated by BICYBAGS® and the luggage left at the place of care provided.
The BICYBAGS® customer must ensure that their hosts are available during the day to take or give the luggage; failing to offer a solution in case of absence.
Baggage must not contain dangerous or flammable material, as well as valuables, medicine, weapons of any type or any other product or material prohibited by French penal code.
For practical reasons and in order to comply with the national security plan “Vigipirate”, all baggage must be clearly identified “BICYBAGS” from the first transfer using a label containing at least the name, first name, number ° of customer’s mobile phone
Each piece of luggage must be carefully closed and if possible locked.
BICYBAGS® transfers luggage and bikes by reservation only, made at the latest 72 hours before the departure day of your tour.
1.6. Cancellation policy
Any cancellation request must be made by email at least 24 hours before the start of the transfer day (i.e. before 9:00 a.m. the day before the transfer) to BICYBAGS® publisher of the contract.
In the event of cancellation of luggage transfer, complete or partial, made up to 72 hours before the start of the tour. (before 9:00 a.m. the day before the transfer), the amount of the cancellation fee is 30% of the amount of the initial order.
If canceled after 9:00 a.m. the day before the transfer, the canceled transfer will unfortunately not be refunded.
1.7. Modification policy
A supplement of € 15 may be required by BICYBAGS® in the event of a modification request after 9:00 a.m. the day before the stage.
If a modification includes the cancellation of a transfer, it must be made before 9:00 a.m. the day before the stage, as provided in the “Cancellation” paragraph, and the cancellation fees apply.
1.8. Payment of invoices
Payment of invoices is made upon confirmation of the quote. The transport contract is therefore only effective when the amount corresponding to the transport service has been collected.
The transported objects are insured up to 70 euros per piece of luggage or miscellaneous package, personal bicycle (up to 100 euros) in the event of loss, theft or damage over the entire journey between pick-up (loading included) and delivery (unloading included). This insurance is included in the transport price.
Foreclosure deadline Art. L. 133.3 of the Commercial Code: the customer has, to send his reservations to SARL Respire for the BICYBAGS® brand, 3 clear and working days from the delivery of luggage, bicycles and other miscellaneous parcels (standard contract) . Upon receipt of his luggage, bikes and other miscellaneous packages, the customer must therefore always check the number and general condition, exterior and interior.
In case of reservation, the customer is invited to describe or send photos as simply and as clearly as possible on the problem (s) found. Under no circumstances may statements such as “subject to unpacking” or “subject to inspection” be taken into account. In the event of deterioration noted and if these directives are not respected, no refund can be made.
In case of doubt or problem, it is advisable to contact BICYBAGS® by email: firstname.lastname@example.org at any time.
1.11. Bicybags disclaimer
In addition to that already defined in the standard transport contract, BICYBAGS® disclaims all responsibility in the event of theft or damage to the accommodation, before taking it into account and after delivery.
2 / General conditions of bicycle rental
When the bikes are taken over, a rental contract will be signed.
The rental is granted by BICYBAGS® for a fixed period, unless extended.
In the absence of full return of the equipment by the deadline agreed on the contract, La Bicyclette Verte reserves the right to take back the equipment where it is located, at the tenant’s expense.
Each day started is due.
All fines, costs related to legal proceedings and other costs remain the responsibility of the tenant.
In the event of non-return or immobilization of the bicycle, the duration of the rental will be extended until the tenant produces an official declaration of loss, the latter remaining bound to pay the rental amount during this period and also covering the cost of repairing equipment and accessories.
The tenant acknowledges that he received the said vehicle in perfect working order.
The tenant agrees to return the said vehicle in the same condition.
The tenant agrees to use the vehicle exclusively on the driving areas intended for him.
In case of deterioration of the vehicle, the tenant agrees to have the vehicle immediately repaired at his expense by a professional if his responsibility is engaged.
or pay the cost of repairing the vehicle on the green bicycle
The equipment must be returned clean. Otherwise, a cleaning fee of 1.5 Euros per bike would be charged to the tenant.
2.3 Loss or Theft
If you have not purchased theft insurance, in the event of loss or theft, the lessee is responsible for the vehicle, and compensation corresponding to the period of unavailability of the rented vehicle will be due to BICYBAGS®. In both cases the total value of the rented equipment will be payable by BICYBAGS® as soon as the facts are established. A declaration must be made by the tenant to the Police services concerned.
Any intervention by BICYBAGS® during the vehicle rental period will be invoiced to the lessee unless the responsibility of La Bicyclette Verte is recognized.
The cost of the intervention is a flat rate of € 25 up to 10 km by road * and € 0.75 per additional km.
- return trip from the pick-up point.
The insurance contract taken out by BICYBAGS® guarantees its civil liability. Liability insurance for the tenant and his personal equipment is not taken into account.
2.6 Financial guarantee
A financial guarantee of 150 euros per muscular bicycle and 500 euros per electric bicycle or rented tandem must be returned to the pick-up. This financial guarantee is kept in the form of a bank imprint until the bicycle is returned after checking that it is in good working condition.
3 / Personal data
BICYBAGS® collects, in compliance with the General Data Protection Regulations (GDPR), personal data in the context of transport orders placed with it.
These data are necessary for the establishment and transmission of contracts and digital invoices, and for the proper performance of the transport requested by its customers. This information may possibly be partially (name and mobile number) forwarded to transport providers, as part of a subcontracting.
They are not kept in a specific database, but archived with contracts entered into with BICYBAGS® companies
Any use of this data for other purposes can only be done with the consent of their owners. In any case, they are not retransmitted or resold to third parties.
Customers can exercise their rights to modify or delete this personal data on request by email or by post from SARL RESPIRE BICYBAGS® 36 route de saint hilaire 79230 Arçais
4 / Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and / or execution of these general conditions, the parties agree that the competent courts of Niort will be exclusively competent to judge, unless there are mandatory imperative rules of procedure.