CGV

PREAMBULE

HEDONIST TOUR is the trade name for Frédéric BENEFICE’s activity as a guide for motorized land vehicles and in general all ancillary and complementary activities.

Frédéric BENEFICE registered in the SIRENE Trade and Companies Register under number 908 899 214.

The head office of HEDONIST TOUR is located at 4 rue des Terrasses du Rhône, 07130 SOYONS FRANCE.

 

GENERAL TERMS AND CONDITIONS OF SALE

1- SUBJECT

HEDONIST TOUR, as presented in the preamble to these general terms and conditions of sale, offers guide services for motorized land vehicles in various regions of the world, the formulas of which are detailed on the website www.hedonist-tour.com.

The purpose of these General Terms and Conditions of Sale is to define the conditions for booking and participating in the services, which are binding on users of the Site and/or any person wishing to participate in the services offered.

In this context, they define in particular the respective rights and obligations of users and/or Customers, on the one hand, and of HEDONIST TOUR on the other hand.

 

2- EXPRESS ACCEPTANCE OF THESE TERMS AND CONDITIONS

Any reservation of a service requires the Client to consult and accept in advance, expressly and without reservation, the Conditions of the General Terms and Conditions of Sale (GTC). The Client undertakes to return, in addition to the General Terms and Conditions of Sale and the signed information form, any other document requested by HEDONIST TOUR as part of the reservation.

All signed contractual documents must be accompanied by the relevant regulations (advance payment) or proof of such regulations, depending on the authorised means of payment.

 

3- CONTRACT DOCUMENTS

The clients acknowledge that the reservation of services with HEDONIST TOUR as well as the conditions of participation in these services, are exclusively governed by the following contractual documents:

• The present Terms and Conditions of Sale,
• the registration form, or order form, or information sheet,
• the brochure sent by HEDONIST TOUR for the purpose to book a service, setting out the essential characteristics of this service and any specific conditions relating thereto. The detailed itinerary within each brochure is for information purposes only and is not binding, subject to any subsequent changes by HEDONIST TOUR;
• Any additional written document in the event of a “tailor-made” service for a Client or a group of Clients (if applicable);

The clients acknowledge that the above-mentioned documents form an indivisible contractual whole, and expressly undertake, by accepting the present contract, to comply with all the documents set out above as part of their reservation and/or participation in any tourist service.

 

4- MODIFICATION OF THE TERMS AND CONDITIONS OF SALE

The applicable terms and conditions of sale are those in effect on the date of booking, as defined herein.

However, HEDONIST TOUR may be required to modify the Terms of Sale at any time, without notice, subject to informing Customers as soon as these modifications come into force by e-mail and/or by publishing the modification on the Site.

Any customer who wishes to book a service must accept the terms and conditions of sale in their entirety, including their latest update, which has been notified to him. If you do not agree with the current terms and conditions of sale, you may not book or purchase a service offered by Hedonist Tour.

 

5- REQUEST FOR INFORMATION

The Client who wishes to be informed about a Service has the possibility to contact HEDONIST TOUR:

• via the contact form on the Site: www.hedonist-tour.fr
• or by phone: +33 7 66 55 38 22
• or by e-mail at the following address: contact@hedonist-tour.fr

By completing the contact form, the Client authorises HEDONIST TOUR to contact him in order to present his services and provide him with all the necessary information to participate in one of them.

 

6- PRE-CONTRACTUAL INFORMATION

HEDONIST TOUR informs Clients, in writing prior to the validation of their reservation, of the content of the selected Service with regard to the stay, the price and payment terms, the conditions for cancelling the reservation, information on insurance and crossing borders. This information may be supplemented with other information (by e-mail or post) if necessary.

 

7- FORMS

HEDONIST TOUR offers guide services: motorcycle, car, gastronomy and oenology.

Depending on the service chosen, participation in it may require different levels of difficulty, depending on certain elements such as the itinerary, the country of destination or the level required.

The services offered are offered for leisure purposes only, and can in no way be compared to competitive activities.

 

8 – SERVICES INCLUDED AND NOT INCLUDED

8.1 –  DETAILED DESCRIPTION

A description of the service, setting out the services included and not included by it, shall be communicated to the Client at his request, together with the corresponding price.

In accordance with the provisions of article L.211-9 of the French Tourism Code, HEDONIST TOUR reserves the right to modify the constituent elements or conditions of the Service, and will inform, if necessary, the Clients before the date of the Service.

8.2 – SERVICES INCLUDED AND NOT INCLUDED

When the service is offered in the form of a package, the total price indicated includes :

• The organization of an itinary
• Accompaniment by a guide

Depending on the service chosen by the Client and the description provided to the Client, the following services may also be included in the price or available at an additional cost (in this case this is expressly indicated to the Client) :

• mechanical assistance,
• fuel,
• the equipment,
• the cost of transporting the personal vehicle, GPS…

 

9- ACCOMODATION / CATERING

Accommodation is not part of the services provided to the Client in the case of services over several days.

HEDONIST TOUR will provide a list of accommodation and catering facilities. It will be up to the Customer to choose and pay the accommodation/restaurant directly.

We can assist you in making reservations. Contact us.

10 -VISAS AND VACCINES

HEDONIST TOUR does not provide any service for issuing visas or vaccines that would be required to enter the territory where the service takes place.

It is the client’s responsibility to check and keep informed of the delays in obtaining visas and/or vaccines that are applicable in their particular case.

It is the Customer’s responsibility to verify in his particular case that he has all the personal documents necessary to get to the destination(s) of the service and to enable him to drive legally the vehicle required for the service.

In addition to the information provided by HEDONIST TOUR on administrative and health formalities, it is for persons of foreign nationality to inquire before departure with the competent authorities and bodies in their country of habitual residence and/or origin, and thus to verify the information relevant to their particular case.

 

 11 – MINORS

Services are not intended for minors, understood as persons under the age of eighteen (18).

Minors may, in certain cases and subject to the prior agreement of HEDONIST TOUR, participate in the services as passengers only (and not as drivers of the Vehicles).

HEDONIST TOUR reserves the right to refuse the participation of any minor, as well as any person who would like to participate in a service, depending on his age, physical condition, or if it considers that there are any risks whatsoever to the safety and/or health of this person.

 

12 – STEPS OF THE RESERVATION

RESERVATION UPON CONTACT WITH THE CUSTOMER

The steps to make a reservation with HEDONIST TOUR are as follows:

1. All the necessary pre-contractual information is sent to the Client by e-mail or post.

2. The validation of the service is effective upon receipt of the completed and signed registration form or estimate, accompanied by a deposit of 30% of the total amount of the service. The signature of the registration form or quotation implies acceptance of the general and special conditions of sale. The return of an estimate by e-mail with acceptance also implies acceptance of the general terms and conditions of sale.

Similarly, any payment for a trip is equivalent to registration for the said trip and therefore acceptance of these same general and sales conditions. However, it does not exempt the return of the registration form or the completed and signed estimate.

3. An acknowledgement of receipt is sent to the Client in writing (by e-mail or post)

 

13 – PRICE

The prices of the services are indicated to the Client per person except “road trip” by car: by crew of two (2) persons and in Euros. The amount corresponding to the deposit is indicated to the Client, and the total amount. They do not include services not specified in the “price included” such as “extras”, meals and drinks not included, bar and minibar, and any personal expenses

However, the mention of the price is without prejudice to any additional costs or expenses that may be charged to the Client, in respect of the selection of options or any additional or subsequent reservation that the latter may have to make, or due to external circumstances.

The Client is informed that HEDONIST TOUR is likely to modify this price, in accordance with the provisions of article L.211-12 of the French Tourism Code, and this only taking into account the following elements:

• a) Transport costs, including fuel costs;
• b) Fees and taxes relating to the services offered, such as landing, embarkation or disembarkation taxes in ports and airports;
• c) Exchange rates applied to the trip or stay in question

The Client will be informed in writing if necessary, and this price increase may not occur after the deadline set at thirty (30) days before the start date of the Tourist Service. After this period, the price is firm and final.

 

14 – TERMS OF PAYMENT

In order to proceed with the payment of the price, the Client chooses a means of payment, either by check or bank transfer, cash payment (limited at 1 000€ for a tax resident in France and 15 000€ for a tax resident abroad) and proceeds with the payment of the price by following the instructions of HEDONIST TOUR, in accordance with the present contract.

14.1 – PAYMENT BY BANK TRANSFER

Bank transfers should be made to the following account:

IBAN: FR76 1027 8090 3700 0204 0000 132

BIC: CMCIFR2A

HEDONIST TOUR reserves the right to suspend or cancel the reservation for any incident related to payment (non-payment or partial payment, fraud, attempted fraud related to the use of payment methods, etc.).

All bookings are payable in Euros. Any bank charges remain the responsibility of the Client (including in the event of a refund). By making a payment to HEDONIST TOUR, the Client declares that he/she is authorised to use the payment method used.

14.2 – PAYMENT BY CREDIT CARD

Credit card payment can be made via the Lyf Pay app

14.3 – PAYMENT OF THE DEPOSIT AND THEN THE BALANCE – TERMS OF PAYMENT

The Client shall pay the deposit upon return of the registration form or estimate and then the balance under the conditions indicated on the registration form or estimate. When confirming the reservation, using the authorised payment methods. Otherwise, the reservation will be cancelled.

Any payment implies acceptance of the general and special conditions of sale.

 

 

 

15 – MODIFICATION, CANCELLATION, CANCELLATION OF THE RESERVATION AND REFUND

Impossibility to respect one of the essential elements of the Tourist Service before departure

When, before departure, compliance with one of the essential elements of the service is made impossible as a result of an external event that is binding on HEDONIST TOUR and/or the Specialised Partner, the Client will be notified as soon as possible and informed of the option available to him to either cancel his reservation or accept the proposed modification.

This warning and information will be confirmed in writing to the Client, who must make his choice known as soon as possible. In the event of termination, the Customer is entitled, without incurring penalties or costs, to reimbursement of all sums paid by him.

Modification or cancellation of the reservation by the Client

In the event of a change in one of the elements of the reservation by the Client, the Client will be invoiced an additional price without prejudice to any costs related to the modification of the reservation after written agreement, according to the following procedures:

In the event of cancellation of the trip by the customer, the following penalties apply:

Within 8 days of the scheduled date: 30% of the total benefit amount

Failure to present on the day of departure: 100% of the total amount of the service.

Any service interrupted, shortened or any service not consumed by the customer will not give rise to any refund and will release HEDONIST TOUR from all responsibilities. Any participant who, for any reason whatsoever, shortens his stay will do so under his own responsibility and at his own expense.

 

16 – USER OBLIGATIONS

• To follow all instructions, recommendations and/or advice that may be given to them by HEDONIST TOUR, its representatives, employees, agents, service providers, the Specialised Partner, guides or any accompanying person, the competent public authorities in France or in the country of destination, or any other competent body or authority, before and during the service, such as those relating to the safety of property and persons, health risks or any other risk, the use of vehicles or any other means of transport, where applicable, the practice of routes or circuits, their driving in all places where the service is provided.
• not to endanger themselves deliberately or through negligence, in particular in the use of the vehicle and, in this respect, to wear at all times any protective equipment required for driving the vehicle;

 

17 – WARRANTY

The customer warrants that he will not misuse his identity or any false, falsified, inaccurate or incorrect information, even if only partially, due to their negligence for any reason whatsoever, if such information is requested from them under the present contract.

In particular, they guarantee to meet the following conditions:

• be at least 18 years old (unless authorised to participate as a non-conducting passenger),
• hold a valid licence, required for participation in the service,
• have the level declared and corresponding to the level required for their participation in the service,
• be in good physical condition, including hearing and vision, and not suffer from heart failure or other serious failure incompatible with driving the vehicle,
• comply with traffic and safety rules, in particular the speed limits applicable in the country of driving,
• have completed the necessary administrative and health formalities (visas, passports, vaccines, etc.) and in particular be in possession of all the required valid administrative documents (six months after the planned date of return to France for identity documents),

The participant must provide:

• a valid driver’s license
• a valid identity document (identity card, passport)
• vehicle registration document of the vehicle with which he/she is participating in the stay (if not the owner, an authorisation signed by the owner)
• certificate of insurance for the vehicle with which he/she is participating in the stay.

The Customer must ensure that he is able to participate in the service (in particular, to drive the Vehicle) without endangering his life and that of the other participating Customers. Any illness requiring medical assistance must be reported in writing at the time of booking and in any case, if it occurs after the booking, before departure. No reservation or participation can be accepted if the Clients are in inadequate physical or psychological conditions, or would risk making it difficult or dangerous.

The customer remains solely responsible for the risks he/she takes while driving the vehicle during the service, towards him/her and towards other participants or any person who may come into contact with his/her vehicle.

The client is informed that guides and escorts have a role limited to the simple supervision of the service. They are in no way or manner responsible for the risks taken by the customer in driving the vehicle, and which the customer necessarily faces when driving this type of vehicle.

The customer remains solely responsible for the vehicle entrusted to him/her.

In the event of delivery of the vehicle by a third party service provider, the Customer is informed that complete and prior verification of the vehicle under the Customer’s control, as a result of which HEDONIST TOUR cannot be held liable in the event of a dispute with the third party supplier of the vehicle.

 

18 – HEDONIST TOUR RESPONSIBILITY

The insurances subscribed by HEDONIST TOUR are distinct from any insurance subscribed personally by the Customers, in particular with a view to covering damages suffered personally by the latter and/or by third parties.

It is strongly recommended that clients take out personal insurance in addition to that taken out by HEDONIST TOUR, in order to cover damage caused to the client and/or third parties.

The activity of Guide for off-road motorbikes and quads is regulated by article L-212-1 of the French Sports Code. It is subject to the insurance obligation according to article L-321-7 of the French Sports Code.

HEDONIST TOUR has taken out Professional Civil Liability insurance with GROUPAMA MEDITERRANEE under the number: 512425470001.

18.1 – EXEMPTION FROM LIABILITY

HEDONIST TOUR may not be held liable for any incident/accident, in particular a traffic accident, or personal injury resulting from the customer’s personal initiative, or for any carelessness on his part or any failure by the customer to fulfil his obligations when driving a vehicle, in particular with regard to the traffic regulations and rules applicable in the country of driving, the instructions given to the customer (in particular in terms of safety) or the improper use of the vehicle.

Consequently, the costs caused by an incident/accident, including traffic accidents, caused by the customer will be the sole responsibility of the latter.

18.2 – FORCE MAJEURE

HEDONIST TOUR cannot under any circumstances be held liable in the event of force majeure.

It is understood by “force majeure”, within the meaning of the present contract, any event outside HEDONIST TOUR having an unpredictable and insurmountable character within the meaning of the French jurisprudence in force, preventing HEDONIST TOUR and/or one of its employees, agents, service providers, Specialised Partner or any other partner, intervening in the performance of the service, from performing all or part of its/their obligations within the scope of the present contract, and in particular in case of:

• cancellation imposed by climatic, geographical, health or political conditions threatening the Customer’s life, safety or health, or preventing the proper performance of the service,
• cancellation by order of an administrative authority or any other competent French or foreign (local) public authority,
• natural disasters, bad weather or meteorological conditions making it impossible for HEDONIST TOUR and/or the Specialised Partner to carry out all or part of the Service, regardless of the will of the latter

 

19 – RISK INFORMATION

The Client is informed of the risks inherent in driving the vehicle and its participation in the service, technical incidents and breakdowns that may affect the vehicle or the progress of the Service, and in general, of any difficulties related to climatic or environmental conditions in the destination country that may occur before, during or after the service.

In particular, the Client is aware and acknowledges that as part of the service, he may have to drive a vehicle (motorcycle, quad, car) in difficult conditions: as driving over long distances, for several consecutive days, at high or low temperatures or in difficult climatic conditions.

 

 

20 – COMPLAINT AND CONTACT

The Client has the possibility to address any complaint relating to the service.

No claim will be accepted for loss, damage or theft of luggage, clothing, personal objects or vehicles placed under the Client’s personal supervision during the duration of the stay, unless proven fault of HEDONIST TOUR or the service providers involved in the trip.

Any complaint, request for information, clarification or booking follow-up can be addressed, via the online contact form, or to the following contact details: +33 6 08 26 83 71 or contact@hedonist-tour.fr

 

21 – PROTECTION OF PERSONAL DATA

In accordance with the provisions of Law No. 78-17 of 6 January 1978, relating to information technology, files and freedoms, Law No. 2018-493 of 20 June 2018 on the protection of personal data, HEDONIST TOUR undertakes to respect the personal data of Customers, and of any data subject whose personal data is collected in connection with the reservation and participation of the Services, or during any exchange with them in the course of his professional activity.

The personal data collected will under no circumstances be distributed to third parties, sold, rented or lent.

21.1 – GENERAL INFORMATION ON DATA

Personal data processed

Personal data refers to data that identifies you as a natural person. We may process the following types of personal data about you:

Your contact information including your name, email address, postal address and telephone number and via our website, User Information, for example, if you log in to our service or visit our websites. This information may include IP number, device type and browser, time zone, geographical location, as well as your interests and preferences for information about how you interact with our services, such as the features used, and buttons clicked.

The personal data of the Clients/Concerned Persons will be strictly confidential and may only be used for the purposes for which they were collected and for purposes to which the persons concerned have expressly consented, in compliance with the provisions of the aforementioned laws.

In accordance with the provisions of articles 38 and following of the French Data Protection Act, any customer / data subject has the right to oppose, access, rectify or delete his/her personal data.

Processing purposes

We process your personal data for:

• Provide our services in accordance with the applicable conditions.
• Manage the business relationship with our clients.
• Develop and improve our services.
• Provide information and offers to our current or potential customers about our services.
• Monitor user behaviour on our website and produce statistics on it.

For the avoidance of doubt, each communication sent to you is sent to you as a current or potential customer representative, and not to you as a private person.

Data storage time

Administrative and commercial data

In accordance with the DGPS, sales and marketing data are stored for a maximum of 3 years, and order invoicing data for a maximum of 6 years.

21.2 – ACCESS DATA AND WEB HOSTING

The access and web hosting data are used to ensure a trouble-free operation of the page and an improvement of our offer.

On each visit, the web server automatically logs what is called a server log file containing, for example, the name of the required file, your IP address, the date and time of the visit, the amount of data transmitted and the provider (access data).

Google AJAX Search

In order to guarantee a shorter loading time for some online content, we use the Google AJAX Search API service, which coordinates the delivery of content from the web page for better performance. Google LLC has its headquarters in the United States and is certified by the EU-US Data Protection Shield. All access data is deleted no later than seven days after your visit to the page.

Geolocation

The country from which you are visiting is identified by your IP address in order to transfer you, if necessary, a version of the site in your language. The data processed on this occasion is deleted as soon as you close your browser. You can object to the processing of your IP address by clicking on the button at the top of your web page.

Web hosting services

The hosting services of our website are provided by OVH. All data collected in the context of the use of the website or in the forms are processed on its servers. This service provider is based in a European Union country and is therefore subject to compliance with the DGPS.

21.3 – COLLECTION AND USE OF DATA FOR THE PURPOSE OF PERFORMING THE CONTRACT OR OPENING A CUSTOMER ACCOUNT

We collect personal data when you voluntarily provide it to us as part of a contact with us (by contact form or e-mail). The mandatory fields are marked as such since we absolutely need this data for the processing of your contact. You can see in the corresponding registration forms which data are collected in each specific case. We use the data you provide to process your requests.

After full performance of a contract, your data are limited for further processing and are deleted once the commercial and tax retention periods have expired. Deleting your customer account is possible at any time and can be done by sending a message to the contact details below.

21.4 – TRANSMISSION OF DATA FOR THE PURPOSES OF SERVICES, MAIL / DELIVERY

The personal data collected may be used by HEDONIST TOUR, its employees or service providers to provide services to customers / data subjects in the course of its business, and in particular for the purpose of processing bookings made.

In order to execute a contract, we may transmit your data to a shipping company in charge of delivery if this is necessary to deliver mail or ordered goods (La Poste, Colissimo, etc.).

21.5 – USE OF DATA FOR PAYMENT PROCESSING

Credit check, payment after invoicing or direct debit

In the case of prior performance, such as payment by direct debit, it is then necessary for the conclusion of the contract to obtain information on the economic identity of your company. To do this, we may transmit your personal data necessary for payment to our bank / occasionally to our credit processing agency. After full performance of the contract, we delete this data.

21.6 – E-NEWSLETTER AND POSTAL ADVERTISING

Publicité par e-mail en s’inscrivant à la newsletter

Advertising by e-mail by subscribing to the newsletter

When you subscribe to our Newsletter, we use the data necessary for this purpose to send you our electronic Newsletter on a regular basis. We do not rent or resell your data under any circumstances. These are used only to receive our communications. Your consent to receive the Newsletter can be revoked at any time. Simply click on the unsubscribe link or send a message to contact@hedonist-tour.com

Advertising by e-mail without newsletter subscription and right of objection

If we obtain your e-mail address in connection with the sale of a product or service and you have not objected, we reserve the right to occasionally send you interesting offers and information about our products by e-mail. You can object at any time to the use of your e-mail address by clicking on the unsubscribe link or by sending a message to contact@hedonist-tour.com

Postal advertising

We reserve the right to use your first and last name and postal address to send interesting offers and information about our products by post. You may object at any time to the use of your postal address by sending a message to contact@hedonist-tour.com

21.7 – COOKIES AND WEB ANALYSIS

In order to make your visit to our website more attractive and to offer you suitable content, we use “cookies” on different pages.

A cookie is a block of data that does not allow users to be identified but is used to record information about their browsing. Cookies are automatically saved on your device. Some of the cookies are deleted at the end of your session, i.e. when you close your browser (“session cookies”). Other cookies remain on your device and allow us to recognize your browser the next time you visit (“persistent cookies”).

If you leave a comment or message on our site, you will be asked to save your name, email address in cookies. These cookies expire after one year.

If you have an account and log in to this site, a temporary cookie will be created to determine whether your browser accepts cookies. It does not contain any personal data and will be deleted automatically when your browser closes.

At each login, we will set up a number of cookies to record your login information and screen preferences. The lifetime of a login cookie is two days, that of a screen option cookie is one year. If you tick “Remember me”, your login cookie will be stored for two weeks. If you log out of your account, the login cookie will be deleted.

You can configure your browser to be informed of the installation of cookies and to decide on a case-by-case basis whether to accept or reject them. Each browser differs in the way it manages cookie settings.

Internet Explorer™ : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

Safari™ : https://support.apple.com/kb/PH21411?locale=de_DE&viewlocale=en_FR

Chrome™ : https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

Firefox™ : https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences

Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html

Using the Google Analytics Audiences analysis service

Google Analytics by Google LLC (www.google.com) is a web analytics tool. The information collected by Google Analytics is anonymous. This service allows us to better understand the behaviour of our visitors and to offer you content that meets your expectations.

21.8 – THIRD PARTY SERVICES

Social networks: on our pages, you can use buttons to indicate that you like our company, or to share a publication. These buttons use codes provided by each social network. The privacy statements of social networks are regularly subject to change: we invite you to consult them to find out how your data is processed via cookies.

External links: the site may contain links to other Third Party websites. These other websites may place their own cookies on your device or collect Personal Data from you. They have their own rules for the collection, use and disclosure of Personal Data. We are not responsible for these third-party sites and invite you to read their privacy policies.

21.9 – CONTRACT POSSIBILITIES AND TO EXERCISE YOUR RIGHTS

The company Hedonist Tour Concept – based in Soyons, represents the competent position for data collection. If you have any questions or requests for corrections, restrictions on processing or deletion of data, or if you object to a certain use of data, please contact our Data Protection Officer: Mr Frédéric Bénéfice – contact@hedonist-tour.com.  The personal data of the Client/Concerned Person are the information that allows him/her to be identified directly or indirectly, in the sense of

 

22 – LANGUAGE OF CONTRACTUAL DOCUMMENTS

All bookings made with hedonist tour are made in French.  The language of the contractual documents communicated to the Client is French.

 

23 – APPLICABLE LAW AND COMPETENT JURISDICTION

The Terms and Conditions of Sale as well as any related dispute to which HEDONIST TOUR is a party, are subject to French law.

The Conditions of Sale are subject, as the case may be, to the regulations applicable in France regarding consumption, tourism, or contracts concluded at a distance, and in particular to the provisions of the Consumer Code, the Tourism Code, the Civil Code, Law No. 2004-575 of 21 June 2004 on confidence in the digital economy or the Intellectual Property and Information Technology and Liberties Code.